Legal Question in Real Estate Law in India

I am a resident in Mumbai and the second owner of my flat. I want to sell the flat and realize the original copy of the sale agreement between the first owner and builder is missing. Along with the xerox of this agreement, I have all other papers including the transfer to my name and stamp duty required to sell my property. I am in the process of retrieving this document through an agent from the registration offices but its about a month now and my agent does not idicate a progress yet.

I am made to realize it was the builder who when selling the flat to the first owner was in arrears of about Rs. 4,500 for for which the registration had been sending me letters to my address to pay the arrears (interest included) and collect the said document from registration office. These letters are addresed in the first owners name and the last one I recieved was in 2008.

The flat was bought from the builder in 1991 and I bought the flat from him in 1997 becoming the second owner.

Since this matter is more than ten years old my worst fear is ' What if the papers cannot be located ? '

Please let me know of the alternate way by which I can procure papers which are as valid and legal and can stand by for the original sale of agreement document and so i can duely sell my flat.


Asked on 11/11/11, 6:22 pm

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You will only need the sale deed made in your favour; and even if that is not available, a duplicate copy may be obtained from the concerned authority. You are entitled to sell on the basis of certified copies of duplicate copies of the documents.

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Answered on 11/11/11, 8:41 pm
Anil Kumar Sharma JurisTree

Certified copy of the original Sale Deed can be obtained by paying nominal fee in the office of the Sub-Registrar concerned, NoC is also required since it may not have been mortgaged/sold by any other person, an affidavit to this regard have to be submitted to clear all suspicion, you can inspect the record file also.

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Answered on 11/14/11, 4:28 am


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