Option 1: Missing Sale and Construction Agreements

• 
  Risk: Agreements detail terms; disputes with the builder may arise.
• 
  Indemnity: ₹5L cap might not cover potential issues.
• 
  Proceed if: Legal due diligence clears no liabilities, and you’re okay with the indemnity limit.

Option 2: Missing Original Sale Deed

• 
  Risk: Critical document for ownership; certified copy is weaker.
• 
  Proceed if: Certified copy is verified, and the seller provides an indemnity bond.

Recommendation:

• Prefer Option 1 with proper legal checks, as missing sale agreements pose fewer risks than a missing original sale deed.
• Hire a property lawyer and consider title insurance for added protection.

For personalized advice, consider a phone consultancy. If this helps, a review would be greatly appreciated. Thank you! Shubham Goyal.

Yes you can proceed with the indemnity bond in this case.Also make averments in your sale deed that it is agreed by the seller that the sale agreements are absent

There's no point in buying a property if the original title documents including related chain documents are missing and the seller is not providing convincing reasons for the lost documents.

An indemnity bond may not be enforceable in the event of a legal dispute at a later stage besides it will become a problem for you at the time of selling if the original chain documents are missing.

You may obtain a proper legal opinion from an experienced lawyer in the local and proceed only when recommended.

Dear Sir/Madam,

When purchasing a house, the absence of original documents can create potential legal risks. Here's a detailed analysis of your two options:

Option 1: Missing Sale Agreement and Construction Agreement

• 
  Legal Risk: The missing agreements between the builder and the first buyer could lead to ambiguity in understanding the obligations, liabilities, and terms agreed upon initially. If a dispute arises in the future, these documents may be critical in determining rights and responsibilities.
• 
  Seller's Indemnity Limitation: The seller's refusal to provide an unlimited indemnity and capping it at ₹5 lakh could leave you exposed to liabilities exceeding this amount. This is particularly concerning if the missing documents are required for legal proceedings or title validation.
• 
  Recommendation:

  • Insist on obtaining certified copies of the missing agreements from the builder or registrar’s office, if possible.
  • Consult a lawyer to assess whether the ₹5 lakh indemnity is adequate based on the property's value and the risks involved.
  • Ensure a thorough due diligence process is conducted to check if the title is clear and marketable without these agreements.

Option 2: Missing Original Sale Deed

• 
  Legal Risk: The original sale deed is the primary document proving ownership. While a certified copy is legally valid, the absence of the original can raise questions about potential encumbrances, mortgages, or unauthorized transactions on the property.
• 
  Recommendation:

  • Obtain an encumbrance certificate (EC) from the registrar’s office to ensure no claims or liabilities exist on the property.
  • Verify with the registrar that the certified copy matches their records.
  • Negotiate for the seller to provide an indemnity bond covering any potential legal disputes arising from the missing original deed.

Key Considerations for Both Options:

1. 
   Title Search: Conduct a comprehensive title search through a lawyer to ensure the property's ownership is clear and unencumbered.
2. 
   Indemnity Agreement: Negotiate a robust indemnity agreement with the seller to cover any future claims or legal disputes arising from the missing documents.
3. 
   Bank Loan Feasibility: Check with your lender whether they are willing to approve a home loan for either property, as banks typically require all original documents.
4. 
   Legal Opinion: Seek a formal written opinion from a property lawyer after reviewing all the available documents.

Final Suggestion:

From a legal perspective, Option 2 (missing original sale deed but certified copy available) is generally safer, provided you conduct proper due diligence and obtain an indemnity bond. However, consult a lawyer to analyze the specific risks associated with both cases.

Let me know if you need assistance in reviewing the documents or drafting indemnity agreements or if you want any detailed consultation you can book a consultation

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

in the first case, ask the builder to furnish certified copy of the sale agreement between the builder and the first buyer

in the second case, I presume police complaint has been filed about the loss of original sale deed. Public notice has been issued about the loss of the original documents. It is your call whether you want to purchase the property in absence of original sale deed, generally, banks are reluctant to sanction loan. if Original documents are missing

1. Proceed with first case as sale deeds refer to sale and construction agreements.
2. In second case there is procedure, where a complaint of missing document is given to police, a public notice is given in newspaper offering award for finder and warning of legal action against misuse of sale deed. But there is always risk, the  seller might have deposited sale deed and obtained loan. Lender can come forward and made demand for payment.

Dear Client,

In both instances, the due diligence should be well done before committing to the sale. In the formercase, even though the sale and construction agreements between the builder and the first buyer are missing, the sale deeds exist. Since the sale deeds depend on the said missing agreements, they may prove to be very fundamental in defining ownership and rights. The risk here is that the future claims or disputes might go above the ₹5 lakh cap as the seller does not want to give full indemnity. Insist on broader indemnity or seek a legal opinion whether missing agreements might raise title risks.

In the second case, there is an absence of an original sale deed, but its certified copy exists. Though the certified copy might be held valid for registering purposes, for an original ofsuch document; sometimes, particularly a case of loans or any possible claim by thirds parties. Another way to confirm validity isputting such facts at the sub-registrar's attention and public noticethat no third party claims till date of recording. In either scenario, a request for counsel from an attorneywho specializes in property matters may be appropriate to determinewhether the title was clear and marketable.

In the first case, while the sale and construction agreements are missing, the presence of both sale deeds referencing these agreements is reassuring. However, without the indemnity for full damages, the seller’s liability is limited to ₹5L, which poses a risk if any issues arise from the missing agreements. In the second case, the missing original sale deed between the builder and the current seller, though replaced with a certified copy, may raise concerns about ownership disputes or encumbrances. It is advisable to engage a lawyer to conduct thorough title verification, ensure there are no pending liabilities or claims on the property, and include protective clauses in the sale agreement. If risks persist, consider whether the property’s value justifies the potential legal complications. Would you like help with title verification or drafting a legally secure sale agreement?

Dear Sir /Madam 

In first case where sale agreement and construction agreement between Builder and First Buyer is missing- You may ask them to apply for certified copies .Proceeding Without a document is risky . 

In your other case, original sale deed between Builder and Buyer who is also the Seller now is missing
 but certified copy has been obtained. - This is a safer option . Even if original is missing due to lost/ wear or tear etc , 
having a certified copy is equivalent to having true copy original . This is more reliable to consider. 

I could discuss your case in detail if I  had known more information about your case . But due to limitations, i would request you to contact me personally on phone or at my office for detailed consultation if any required..

If you found my answer help , Please provide your valuable ratings.

Thank you. Warm regards

- Adv Harshita Shah

You have original registered sale deed and Khada in your name .it should suffice 

act as per your lawyer advice 

Your imaginary concepts will not be maintainable especially in the event of any legal dispute it may not come to your rescue.

You may first obtain a proper legal opinion from an experienced lawyer in the local and then proceed if recommended.

1. Option 1 (Missing Agreements):

   • If title is clear (verified by sale deeds/eKhata), the missing agreements are less critical.
   • Keep a lawyer's note explaining their absence for future resale/loan.
   • Ensure due diligence (no encumbrances/disputes) and negotiate a higher indemnity, if possible.

2. Risk Mitigation:

   • Missing agreements pose minor resale/loan risks. Future buyers/banks may request these, so disclose upfront.
   • Proceed if indemnity bond is enforceable and title verification is complete.

3. Conclusion:

   • Missing agreements are manageable. Focus on clear title and proper documentation.

For personalized advice, consider a phone consultancy. If this helps, a review would mean a lot! Thank you. Shubham Goyal.

Yes