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Kunal Khilnani (Service)     02 January 2010

Transfer of Property - Missing sale deeds in between

A sold specific immoveable property to B, B sold the same to C, C sold the same to D and D sold the same to E.

All the formalities pertaining to the transfers have been fulfilled.

 

E wishes to mortgage the property with a bank. The bank is asking for the prior transfer deeds. The above transfer deeds between A to B and B to C are not avaibalable.

 

Kindly guide the way forward.



Learning

 4 Replies

subhash kumar (advocate)     02 January 2010

dear, you can get the certified copies of the saledeed from the concerned registrar office ,the certified copies will be sufficient for the bank purpose or in alternative they can inspect the file in respect of the property,

subhash kumar , adv

V. VASUDEVAN (LEGAL COUNSEL)     02 January 2010

 In addition to the procedure for obtaining certified copies of the prior transfer deeds, the bank may seek to publish an advertisement at your cost. This will be to avoid any liability in case the previous transferors had pledged/mortgaged the property

vasudevan

Y V Vishweshwar Rao (Advocate )     02 January 2010

Mr  Kunal !

As Bank  Panel Advocate  I will insist for the original Title Deeds of A, B, C , D  & E - all originals -( the same  property  is sold - not in parts -or part of the proerty )  for any missing documents there must be enquiry- first -what happend to the said  missing documents - if in the enquiry it is satisfied - then only application for  Certified copies   - not in every case of missing documents - it may be that previous original link  title Deeds are kept with any creditor or Bank  as  Security - this fact must be ruled out  for any further considerations  !

 

1 Like

Dilip Kumar Borah (Manager-Land)     06 January 2010

 Certified copies of original sale deeds can be obtained from the concerned sub registration office giving the sale deed nos/serial nos. and dates of execution  where these sale deeds were executed. Alternatively, the Bank can ask for non encumbrance certificates to ascertain if the land is mortgaged to any party.


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