Sellers sale deed has last page missing Sellers sale deed has last page missing

7 months ago

I am buying a resale property, all the documents have been submitted and home loan has also been approved. Now after doing sale deed and just 1 week before registration, we did original documents legal verification associated with bank.Now the seller is telling the last page of the sale deed is missing and hence, he has got done a certified copy of the sale deed from SRO, an affidavit and have given a newspaper ad also. Will it create any future problems? Can I proceed with the registration or back off?

Anik

Responded 7 months ago

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A.Dear Client,
Here are some considerations:

Review the Certified Copy: Examine the certified copy of the sale deed from the Sub-Registrar's Office (SRO) carefully. Verify if it includes all the pages of the original sale deed except for the missing last page. Ensure that the certified copy is complete and contains accurate information regarding the property, parties, and terms of the sale.

Consult a Legal Professional: It is advisable to consult with a qualified legal professional or a property lawyer who specializes in real estate transactions. They can review the documents, assess the potential risks, and provide legal advice based on your specific situation.

Obtain an Affidavit: The affidavit provided by the seller is a legal document that attests to the missing page and may contain additional information about the sale. It is essential to review the content of the affidavit carefully and understand its implications.

Newspaper Advertisement: The newspaper ad is a common practice to make a public announcement about a property transaction. However, it may not replace the missing information in the sale deed. The advertisement typically serves as a notice to the public about the sale.

Assess Risks: Consider the risks associated with proceeding with the registration without the complete sale deed. If you proceed with the registration, you may want to include appropriate clauses in the agreement to protect your interests in case any disputes arise in the future.

Negotiate with the Seller: You can negotiate with the seller to provide additional assurances or documentation to mitigate the risks associated with the missing page.

Ultimately, whether to proceed with the registration or back off is a decision that should be made after careful consideration of the legal implications and potential risks involved
Thank you.
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