Absolutely, go ahead. No need to worry as the missing chain deed has been traced by you in the office of the sub registrar and you have been able to pull out a certified copy of the same.

1)has police complaint been filed of loss of original documents 

2) whether public notice issued of loss of original documents 

3) if so then buy the shop 

- If the said shop is registered in the name of the present seller , then missing of only one of the document will not create any trouble.

- However, the seller should lodge a missing complaint for the loss of that document and must publish the same in the news paper as public notice. 

- Further, for your safety , you can take an undertaking from him that if that paper will be traced then he will supplied the same to you and also he will not misuse the same. 

It depends on date of purchase of property by your vendor. If the  property is sold long back for more than twelve years, you can go ahead. It is quite possible that the  vendor’s vendor or vendor has pleaded the  property to bank by deposit of originals or executed an English mortgage with a private party.  In such cases 12 years is period of limitation.        

The seller has to provide the reason for losing the original documents and he has to publish a public notice about the loss of the original document subsequent to an affidavit to this effect and then apply for certified copy of the registered document  and has to furnish an indemnity bond indemnifying against future litigation if any that may arise in this regard in future.

This cautious step would ensure proper protection and security to your property against the missing original document.

Dear Client,

In the Present Scenario, you are purchasing a shop in the complex that was built in 1988. This shop had been sold and purchased for four times, and you are buying it with the present owner. The Owner has all the relevant documents and got the due diligence test done as well. However, the only concern you have is that, the original of the old document is not present with the present owner, but you had nevertheless received the true copy of that missing document from the Registrar's office for your reference. Herein, though its better to have all the original documents, a missing document does not invalidate the transaction of sale made, as you also obtained a true copy now. Furthermore, according to the Transfer of Property Act, 1882, the seller must have a clear title for the transfer of ownership. Since you have verified the other documents, it validates the transfer. However, there may be disputes that arise in future with regard to the continuity of the title. But, since you have the true copy, it serves as an evidence to the previous ownership. Hence, you may proceed with the purchase of the shop, but it is suggested that the implications of the missing document have been taken care of at first, so as to protect your interests in the future.

Hope you find this answer beneficial for resolving the dispute.

Ask them to contact seller and obtain chain of original documents 

don’t buy the property if you don’t have original chain of documents 

If you are ready to take risk and face the litigation in this regard for not observing the steps to be taken in this regard then you can very well proceed as per your own understanding otherwise you may have to follow the steps suggested in order to ensure safety now as well as in future. 

You can decide further courts of action as per the necessity and your urgency 

- The chain documents of the property are necessary for getting bank loan , and hence at the time of selling the said property you would face problems in the absence of the link documents.

- You can get the certified copy of all the documents from the office of the registrar .