Legal Question in Real Estate Law in India

Hello Sir / Madam

I want to buy a property at Thane. This property is 23 years old.

I would be the fourth buyer of this property. Seller told me that he doesnt have the Chain of documents

When the first buyer purchased the property registration was not compulsory, and when the 2nd buyer purchased this property he also didnot registered but after some days he registered the property by doing Deed of declaration between 1st and 2nd buyers and paid the stamp duty with the late fees.

And the 3rd buyer has registered the property.

As the 3rd buyer doesnt have the sale of agreement of 1st and 2nd buyer.

He has taken the Deed of declaration from Sub registar which was made by 2nd Buyer.

Now from the current buyer I will get below mentioned documents

1) Registered Agreement between 2nd and 3rd buyer.

2) Deed of declaration between 1st and 2nd buyer (which shows that 2nd buyer has registered the property by paying the stamp duty with late fees)

3) Share Certificate which shows the name of all the three Owners in the order.

4)OC

5)NOC from Society.

The only thing which I would not be having is Copies of sale of agreement between Builder and 1st owner and 1st Owner to 2nd owner which are not registered copies.

Could you please advice whether I will be able to get loan on this property.

Also advice whether we need to give FIR and Publication?

I want to be safe after buying this property


Asked on 8/24/09, 9:07 am

1 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Registration is compulsory since 1908.

Have proper investigation of title through a competent lawyer.

Read more
Answered on 8/24/09, 9:32 am


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