Mother property deed one page missing annexure 1a
5 months ago
My mother in law sell one land property to someone in 2022..land successfully registered,cost of 19 lakhs..the buyer gave 18 lakhs & balance 1 lakh he did not gave due to 1 page missing in mother property deed(2007)..he duly signed & write in 20 rs document,he is asking non traceable certicate for that 9th page missing for balance 1 lakh..in this regard i applied certified copy in tnreginet website..i got 11 pages including that 9th page it contains annexure 1a..i also get EC from 2007 to 2023..there is no issues in the ec..present buyer name also mentioned in that ec..my question is 1)there any issue for the buyer to take loan or sell..2)can i get that duplicate copy of 9th page with seal & sign from sub register office without fir or certified copy enough? 3)how to get the balance money from buyer(he written in 20 rs stamp paper,if we provide non traceable certificate for 9th page,he give the bal amount) kindly advice what to do
As regards Q.No.1) having all the authentic documents of the property, it prima facie appears no issue to avail a loan or sell the property, Q-2) You can obtain the certified copy of the property on the application to the Registration office and for obtaining CC FIR is not required Q-3) Once you get the certified copy of documents from the Registry office, the condition for withholding balance consideration money gets extinguished and you can claim back the said withheld money from buyer. On denial by the buyer to refund the balance money, you may file a money suit against the buyer in the Civil Court for recovery of money. Reach out to an Advocate for guidance and steps.
In the situation you've described, it's positive that you obtained a certified copy of the missing 9th page from the tnreginet website, including annexure 1a, and verified the absence of issues in the Encumbrance Certificate (EC) from 2007 to 2023. This should generally facilitate the buyer in legal transactions such as obtaining a loan or selling the property. To ensure completeness, you may consider checking with legal experts for any specific requirements by financial institutions or potential buyers.
To address the concern of obtaining a duplicate copy of the 9th page with a seal and signature from the Sub Registrar Office, it's advisable to visit the office in person and inquire about the procedure. While a certified copy should usually suffice, verifying this directly with the Sub Registrar Office will provide clarity on the need for any additional steps or documentation.
Regarding the pending balance of Rs. 1 lakh, since the buyer has expressed willingness to complete the payment upon receiving a non-traceable certificate for the 9th page, it may be prudent to consult with legal counsel before proceeding. Ensure that any agreement or transaction is documented and legally binding. You may consider engaging a lawyer to draft an agreement that clearly outlines the terms and conditions for the completion of the payment, taking into account the non-traceable certificate provided for the missing page.
Legal advice is crucial in such matters to safeguard your interests and ensure that the transaction is carried out smoothly. Consulting with a legal professional will help you navigate the specific legal nuances and potential challenges associated with obtaining the balance amount from the buyer.
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