• Lost original sale deed

I have recently purchased a builder floor in Delhi. Builder has provided all chain documents along with up to date payment receipt. However original sale deed between builder and land owner has been lost
 FIR copy along with newspaper ads and certified copies have been provided.
I have got bank loan
Is there any risk? Will I be able to sale it as per market price?
Asked 2 months ago in Property Law
Religion: Hindu

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24 Answers

Get an indemnity bond executed by the builder indemnifying you of any losses face in future due to the non-availability of the original sale deed. 

Also, all Certified copies are deemed as original, so there would be no issue in selling the property in future in my opinion 

Siddharth Jain
Advocate, New Delhi
6375 Answers
102 Consultations

It is obvious that the search report was clear, otherwise the loan would not have been granted to you.

Siddharth Jain
Advocate, New Delhi
6375 Answers
102 Consultations

Since the property is approved by bank for the purpose of loan, it can fairly be considered as less risky .

Devajyoti Barman
Advocate, Kolkata
23219 Answers
514 Consultations

I think you’re safe then. Get the sale deed inspected by any lawyer specialising in this Area of law, In order to get a more concrete advice 

Siddharth Jain
Advocate, New Delhi
6375 Answers
102 Consultations

If the seller/builder followed the due process of law before executing the registered sale deed in your favor,  besides the bank also had recognized the same to grant loan,  you should not face any problem in future. 

T Kalaiselvan
Advocate, Vellore
87122 Answers
2338 Consultations

It is important that the property chain documents search reports have not reflected any adverse report 

 

T Kalaiselvan
Advocate, Vellore
87122 Answers
2338 Consultations

If the same has been endorsed in the registered sale deed,  then you are safe about future developments too.

 

T Kalaiselvan
Advocate, Vellore
87122 Answers
2338 Consultations

You may obtain an updated encumbrance certificate from the date of loss till the date of your purchase to be doubly sure about it. 

T Kalaiselvan
Advocate, Vellore
87122 Answers
2338 Consultations

He won’t be able to mortgage the land with any bank as you have already taken loan on the property. 

Siddharth Jain
Advocate, New Delhi
6375 Answers
102 Consultations

You have purchased the property on the basis of the certified copy of the Sale Deed and this fact is there in the Sale Deed executed between you and the builder, which makes you a bona fide purchaser of the property. Even if the builder had mortgaged or mortgages in future, your stake will be indemnified. Your rights in this property will not be affected.

Divye Puri
Advocate, Delhi
17 Answers

You would be able to sell the property as FIR has been filed , public notice issued about loss of original documents and certified copies taken 

Ajay Sethi
Advocate, Mumbai
96921 Answers
7820 Consultations

You would not face any problems 

Ajay Sethi
Advocate, Mumbai
96921 Answers
7820 Consultations

Sale deed mentions that original between landowner and builder 

 

you should be able to sell your floor 

Ajay Sethi
Advocate, Mumbai
96921 Answers
7820 Consultations

 

Mortgage registration is mandatory 

Ajay Sethi
Advocate, Mumbai
96921 Answers
7820 Consultations

Dear Client,

I would like to suggest you that,you can proceed with selling your builder floor at market value in your situation without losing the original sale deed. You are still very much protected if you have certified copies and a clean search report. Recall that while your other documents can be helpful, the original deed is necessary to prove ownership under Section 17 of the Registration Act, 1908. Additionally, the constructor is prohibited from mortgage the aforementioned property without your permission under section 54 of the Transfer of Property Act of 1882. Make sure all of your documents are clear and well-organized to safeguard your interests.

It advisable that,Engaging a lawyer can be beneficial, particularly when handling potential issues with the misplaced deed so that.

Thank you.Hope this answers your query.

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

1) FIR has been filed about loss of original documents,public notice has been issued and you have been given certified copy 

 

2) it should suffice 

Ajay Sethi
Advocate, Mumbai
96921 Answers
7820 Consultations

If the builder had followed the procedures of law properly on this then the certified copy of lost original sale deed can be considered as legally valid 

 

T Kalaiselvan
Advocate, Vellore
87122 Answers
2338 Consultations

- Since, the missing report is already filed before the police and further the same is published in news paper before the execution of sale deed in your name , then the certified copy is sufficient for proving the ownership of the property and its chain documents. 

- However, you can take an undertaking from the said builder that if that missing document will be traced then it will not misused by him as this document was earlier in his possession. 

Mohammed Shahzad
Advocate, Delhi
14505 Answers
221 Consultations

Lost report must have been filed with police 

Ajay Sethi
Advocate, Mumbai
96921 Answers
7820 Consultations

If report has been filed with police it is fine 

Ajay Sethi
Advocate, Mumbai
96921 Answers
7820 Consultations

A complaint against the loss of original document has to be filed which is a part of the procedure to be followed in this regard.

T Kalaiselvan
Advocate, Vellore
87122 Answers
2338 Consultations

Where did the builder lodge the complaint about loss of original document?

If it is with the police, then a non traceable certificate from police will be sufficient in the absence of FIR.

 

T Kalaiselvan
Advocate, Vellore
87122 Answers
2338 Consultations

- Actually, the police not preferred to lodge an FIR for the lost of the items by the complainant. 

- Since, the builder has already filed lost report and publish the missing notice in the newspapers on his behalf , then you should collect the said documents from him for your future purposes. 

Mohammed Shahzad
Advocate, Delhi
14505 Answers
221 Consultations

Dear Client,

I want to let you know that,in Indian law, in particular under the Registration Act, 1908, original sale deeds are primarily needed to be produced in case of trial. The original copy of the sale deed issued between the builder and the landowner has been lost; hence, a certified copy of the sale deed may be deemed valid in appropriate circumstances along with the police report and newspaper advertisements declaring its loss. Although a registered FIR is preferred, a lost report accompanied by a public notice should be sufficient to prove the existence of such a document to be absent, unless objection is raised within the period indicated in the notice. The fact that the bank has approved your loan and the search report has come clean adds strength to the transaction.

In that respect, if you want to save yourself from legal tussles in the near future, you have to make certain that the certified copy is registered and duly noted in your sale deed, and no other claims exist on the property. You may then consider asking the builder to get a court order declaring the original sale deed lost, which adds another layer of legal security.

Thank you.Hope this answers your query.

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

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