I am trying to purchase one property in Hyderabad. This property has registration history since 1987 according to EC. In 2012 one person purchased , but he lost his original sale deed in 2016 June. Then he gave compliant to police and got certificate that stating it is not traceable. Then he sold this property in sep 2016 to some one. After that two more registrations also happened in 2018 and in 2021. These are available in EC. Now latest vendor has CC copy of 2012 transaction which he took in 2020. And exactly in 2012 this plot area is divided into two parts. Same transaction original sale deed missed. So is it advisable to buy this property? Please suggest me
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
You can purchase the property if you are getting it at lower than market rate
2) since police complaint has been filed about loss of original documents ,public notice issued and certified copy available you can purchase the property
3) there should be indemnity clause in sale deed to indemnify you in case any claims are made
Obtain a certified copy of the sale deeds and transactions that have happened over the past years. Then you get a clear picture as to how and when the property changed hands.
Base your decision upon this information.
Apparently the title of the property is clean.
However unless all the papers are scrutinized in physical format it's difficult to vouch for anything.
1. For missing document, Police complaint as well as Public Notice in vernacular and in English language newspapers had to be published.
2. Moreover, since the property is partitioned into two parts, without scrutinising the documents, it will not be prudent to give legal opinion.
3. It's advisable to show the papers to an Advocate before proceeding further.
Dear Sir,
1. It is fully safe to go for registration in your case. A CC is very valid.
2. Section 65 of the Indian Evidence Act, 1872 describes circumstances when Secondary Evidence is admissible in the court. Moreover, Section 65 specifically includes, “Certified copies”, meaning a certified copy of a Public document shall be admitted.
Thank you
- As per law, a title deed in original is needed to declare the ownership.
- However, a CC can be produced before the court as an admissible evidence.
- Since, the said property has already been purchased by two earlier owners and they having sale deed in their favour , then you can proceed to purchase.
- However , you can also publish in the newspaper before purchasing for your safely after mentioning that you are going to purchase the said property and if anybody having objection , then report for the same within a period 15 days from the date of notice.
1. Your risk is that since the original title deed has been claimed to be lost in the year 2012, you do not know whether it has been deposited with any Bank to take loan by mortgaging the said land or not.
2. In the above case, the lending Bank will have all the rights on the said mortgaged property if the borrower makes default in paying the loan outstanding.
The buyers who bought this property earlier on the basis of certified copy of the original sale deed have already sold the property and have encashed the situation, however if you buy it now and at the time of selling the property based on the said documents, what if the buyer refuses to buy if the bank is not sanctioning loan for non availability of the original document the property's parent document, you will be in a problem then.
However to be on the safer side you may obtain a proper legal opinion before yo are venturing into the proposed purchase of the property.
