You can purchase the property
you have original documents of title ie registered conveyance deed ,sale deed
merely because allotment letter is missing does not affect title
Property papers
Hello, I am planning to buy a property. However, these are the documents that are present in the original with the seller 1) Possesion letter ( this is signed by chairman , President and secretary of the society and the original owner , but there is no society stamp ) 2) Conveyence Deed ( In previous owner's name, I have verified this online by DORIS ) 3) Registered Sales Deed from the previous owner to current owner ( Verified Online in DORIS ) 4) Share Certificate in current owner's name 5) All Property tax reciepts The only thing that is missing as far as I know is allotment letter. Instead there is a allotment list, which is a photocopy and mention the name of the original owner along with every other allocated flat's information. Even in the conveyence deed, where there is allotment number, it is left blank, and the date written on conveyence deed is same as possesion letter. I have been told most societies in dwarka didn't gave allotment letter in the past, and it's completely fine. Is this fine property purchase in terms of my ownership and then resale ?
Asked 2 years ago in Property Law
Religion: Hindu
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9 Answers
Certain issues are practical hence you can ignore them.
If you have all other original documents then you can produce them before an experienced lawyer in the local, get a legal opinion and proceed if recommended.
The above documents are more than enough. If he has possession letter no need of allotment letter. Still if you need you can insist upon the same
- As per the the Indian Contract Act, an agreement is enforceable under Section 10, if it is made by competent parties.
- Further , an Allotment letter is a binding contract with the purchaser and the seller , and which contains all the details like , terms of construction , payment mode, delivery date etc.
- Further, it is issued to only first owner of the property , and the same can be get by the intending purchaser .
- Since, all the other title documents are verified by you, then missing of allotment letter will not create any problem after purchasing the property.
It's fine in terms of your ownership and then resale.
1. Based on the available documents, you may legally & safely proceed to purchase the property, via a proper Stamp Duty paid and Registered Sale Deed, alongwith a irrevocable indemnity bond from the seller party.
Keep Smiling .... Hemant Agarwal
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You should get the title verification and due diligence done on the property papers so as to get a more concrete opinion.
Contact any lawyer from this portal or any local real estate lawyer so as to ascertain if there are any defects in title of the property.
Dear Client,
Yes, it is completely fine.
Thank you
Please engage a local lawyer to scrutinise all the documents and obtain his written opinion before venturing to purchase the property.
