Apartment had 3 sales deed executed 2004, 2006 and 2014!, 2004 sale deed is lost, have 2006 /2014 originals, Bank isn't approving loan.
2 years ago
Hello experts,
I am interested in buying a resale flat which was built in 2004 and sold to Sajid(A), somehow 'A' lost the sale deed but had Attested copy. 'A' sold the property to Sandeep (B) in 2006 after convincing him. 'B' sold the property to Sara (C) in 2014. We have attested copy of 2004, original copy of 2006 and 2014.
Now i am interested in buying flat from 'C', I reached out to bank relationship manager about what documents needed, he gave check list and it was written 15yr original link document needed. 2006 to 2021 is already 15yr so I went ahead with deal and made 20% Down-payment, collected all documents and applied for home loan. Now the bank legal team insisting that 2004 mother sale deed is must without original we cannot proceed and rejected my loan.
As a work around bank lawyer wants FIR/Newspaper posting of 2005 when sale deed was lost but we cant trace Sajid now to get that information.
Could you please help if there can be any work around to do in this, my Down-payment is stuck as seller used up my money for his purpose and insisting me on checking with other banks for loan but I am scared new lawyer might also point out same issue. With 2 original deeds of 2006 and 2014, can there be an issue if 2004 original missing. Please help!?
Thanks in advance.
1. The first step is to visit the nearest police station and file a first information report (FIR).
2. A notice should be published in English and regional language newspapers stating particulars of the property, documents lost and contact details should anyone find the missing papers.
3. The owner has to make an undertaking on stamp paper, to be submitted at the registrar’s office, with details of the property, lost documents, copy of FIR and copy of the newspaper notice.
4. An application with the Copy of FIR, Copy of newspaper notice, Copy of share certificates issued & notarised undertaking must be made to the property registrar to obtain duplicate copies of the sale deed. The prescribed fee for obtaining a duplicate will have to be deposited in the registrar’s office.
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You may try to visit the sub-registrar office and apply for certified copy of the 2004 sale deed. Usually they issue a certified copy which is as good as original sale deed.
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