File police complain of missing original documents.
Builder to First Buyer Sale Agreement and Deed Lost by the First Owner
Hello Sir, I am the 4th owner of my 1 BHK flat in marol maroshi and I want to sell my flat. The first owner had gifted the flat to her daughter (2nd owner) through gift deed and the daughter (2nd owner) sold the flat to the 3rd owner in 2004 and in 2012 I bought this flat from the 3rd owner. I have the 1st to 2nd gift deed agreement, 2nd to 3rd original sales agreement and 3rd to 4th original sales agreement as well. The share certificate has the names of all the buyers including the 1st owner till the 4th owner that is me. I have filed the FIR and published advertisement in 2 newspapers in 2018, one in English newspaper and 2nd in Marathi newspaper. And after 25 days of advertisement I acquired the 'Title Certificate' from a qualified lawyer. How to convince the buyer and give them surety that this flat is clear for resale and that they can purchase this flat without worrying? 2 Buyers declined my offer due to this. Please assist soon.
Asked 6 years ago in Property Law
Religion: Other
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11 Answers
There should be indemnity clause in sale deed to indemnify seller in case any claims are made from third party
1. its totally upto the buyer whether he wishes to buy the flat or not.
2. if the title is clear then i see no reason why the buyers are refusing
3. if the buyer even after exercising due diligence for title verification of the flat sought to be purchased is not convinced, there is nothing much that can be done
4. as a seller you have to just show him that:
a. you are in exclusive possession
b. you have all the original title documents
c. all dues are paid upto date
d. there is no pending litigation
e. there is no claim by any authority
f. you have a title report from a lawyer
5. what apart from above can a seller possibly show to convince a buyer that he must buy the flat. I do not see any
1) You can show him latest Index II that is on your name and BMC property tax, electricity bill plus all mutation papers.
You have all the other documents required. The title deed of the 1st sale from the builder to the owner was lost. Apply for it in the registrar office. They keep a copy of it there.also contact the builder as he must be having the records.
Regards
Thank you all for the answers. Please also I would like you all to know that the builder (Deepak Builder Pvt LTD) has no records of it, since it was sold in 1981. Also I cannot inquire in the registrar office since the agreement is lost and I do not know the registration number (If anyone knows the other way to inquire are free to reply). Yes, one thing can be done that is I can include the indemnity clause to get the buyers confidence.
Asked 6 years ago
By taking search in sub registrar office you can obtain certified copy of registered agreement of 1981
2) it is surprising builder has not maintained any records of flats sold by him
1. You can give a separate "irrevocable indemnity bond" to the new buyer, indemnifying against all futuristic legal issues relating to your property. This along with all the existing available documents and the new duly stamp duty paid & registered Sale Deed, would be more than sufficient for all futuristic legal purposes, for Sale /Transfer /Gift /Mortgage /whatever....
2. A Latest HC judgement states that the last latest duly executed stamp duty paid & registered Sale Deed, is final for all purposes.
Year of the Agreement is important here. Try to catch hold of a clerk in the registrar office and pay him some amount. He will find out everything about the agreement and probably find it too. You must be knowing the year too.
Yes indemnity bond will resolve the issues or you need to acquire title from court order.
The property title deed with the first owner is missing, did he take any step to get it back by giving a complaint with the police and publishing a public notice in local newspaper about the missing document?
The buyers will insist on the original sale deed in the name of the first owner, or you my have to indemnify the buyer on this as per law.
Even though there have been many transaction on this property, the title is defective due to loss of the original title document in the name of first owner.
Whether you are able to retrieve the lost document or not, you may have to indemnify the buyer accordingly.
On the basis of the subsequent transaction on this property you will find the document number of the lost document, you can obtain a registration copy duly certified by the registrar.
Consult a local advocate and take his advise on further issues.