Is it OK to buy flat from 2nd ownr when saledeed betn 1st ownr and builder lost? Is it OK to buy flat from 2nd ownr when saledeed betn 1st ownr and builder lost?

4 years ago

Is it safe to buy flat from 2nd owner when sale deed between 1st owner and builder is not available?
Process for acquiring duplicate Index II from office of registrars in name of 1st owner is in progress.

Available property docs

2nd owner deed of assignment/transfer
2nd owner Index II
Approved plan copy(xerox of blue print)
occupancy/completion certificate
commencement certificate
share certificate (indicates transfer to 2nd owner)
society maintenance receipt (in name of 2nd owner)
Latest electricity bill (in name of 2nd owner)
Latest property tax bill and receipt (in name of 2nd owner)
society registration certificate

Docs NOT available

Agreement for sale or sale deed between builder and 1st owner not available
Formal receipt of payment to builder by 1st owner not available.
Formal receipt of payment to 1st owner not available but mentioned in 2nd owner's deed of assignment.
Possession letter by builder to 1st owner not available.
Possession letter by 1st owner to 2nd owner not available.

Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Sir,
There will be no risk since the earlier transactions are evidenced by public records in Sub-Registrar office but you may not get loan from Bank.
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Abhimanyu Shandilya

Responded 4 years ago

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A.It is risky proposition as you may have to submit the original docs while going for mutation in your name. Many places they ask for the original OC/CC and other docs while doing mutation and for property tax. Better to seek advice from a local lawyer on this.
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