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Purchasing plot without link(old) sale deed document
Posted: March 19th, 2013, 9:10 am
by bdauser
I'm planning to purchase a plot from a Seller who do not have previous sale deed document original copy. The Seller's Seller could not collect it from the SRO which he got registered from the land developer in 1996 and by the time he contacted back SRO that deed document was destoyed.This is the reason Seller is stating now. My Seller bought this site in 2004. While purchasing, his Seller produced a duplicate copy and a notary affidavit stating the original has been destroyed by SRO. However there is no FIR or paper publishing made during that time.
Now, the Seller has the Sale deed and other required documents like mother deed copy from land developer, EC (reflecting the name of his Seller), Khata, tax paid receipts and other land related copies (DC converted, BDA NOC etc). He doesnot know whereabouts of his Seller now as he was not a localite.
What legal complication could arise buyig this site now? Please share your thoughts.
Re: Purchasing plot without old sale deed document
Posted: March 19th, 2013, 10:09 am
by Somashekarn
While the non availability of old sale deed can be overridden, the issue out here seems to be more complex. If the EC is not showing the current owner's name (from whom you are buying) that means the change of seller from the previous seller has not occurred. That itself is a risk. Again you have not mentioned if the Khata is in the name of the current seller or old seller.
Please do not proceed unless you have a legal check done through a good lawyer.
Re: Purchasing plot without old sale deed document
Posted: March 19th, 2013, 4:01 pm
by bdauser
Somashekarn wrote:While the non availability of old sale deed can be overridden, the issue out here seems to be more complex. If the EC is not showing the current owner's name (from whom you are buying) that means the change of seller from the previous seller has not occurred. That itself is a risk. Again you have not mentioned if the Khata is in the name of the current seller or old seller.
Please do not proceed unless you have a legal check done through a good lawyer.
Thanks for your reply. The old EC shows the old Seller name and the latest EC (from 2004 till date) has the current owner's name. Khata is recently being applied from the current owner which obvioulsy reflects only his name.
Re: Purchasing plot without link(old) sale deed document
Posted: April 8th, 2013, 1:53 pm
by harinath
Hi,
You can get certified copies of all the old sale deeds from Register office.
Regards,
Hari
Re: Purchasing plot without link(old) sale deed document
Posted: April 21st, 2013, 5:38 pm
by bdauser
As my case had missing old sale deed (Seller's Seller), I took legal assistance from a lawyer (Even this forum recommends him).
Thorough background check was made on the property to match all the records in ECs, and certified copies.
Here is lawyer's info. He is very supportive and offers excellent professional document validation:
Muruli
No.23/3, Harekrishna
Road, High grounds Bangalore-1
Phone:98453 89 364