Nikhat Nasim
Asked July 13, 2016

sale of land without original sales deed

  • 1 Answer
  • 258 Views

My father inherited a property in 1982. The original sale deed for this property was not available. We do not have a copy of this sale deed. I want to sale my land. So, without sale deed can I sale my land ?

Answer 1

Without the original sale deed you cannot carry out the sale. Also, in the future, for transactions such as through a gift deed, settlement deed, pledging the property as collateral security for a loan, you need to have a title document in your name.

A sale deed is required so to ensure a clear title of the property. That is, it will be clear and concrete proof that the person selling this land is indeed the owner of the land and authorized to sell it. A sale deed alone can be held as a legally valid document to prove marketable title to the owner of the property.

Basically you need to have a "mother deed" to prove that he owns the land which he wants to sell to you. Mother deed traces the origin of the property. While tracing ownership, one should begin with the earliest ownership recorded. If such an ownership is not documented, copies of such documents might can be obtained from registering authorities. If you happen to have lost the property papers, these are the steps you should carry out: http://lawfarm.in/question/i-lost-my-property-papers/

 

As the property changes hands from one owner to another through various transactions like gift deed, inheritance (as in your case), etc., these need to be documented through the transfer document. Since this is inherited property, there must be a will and a release deed, which must have beenregistered. It is very important that there is a concrete, verifiable trail of ownership, which is supported by legally valid documents. Otherwise there is a possibility of legal issues cropping up later on.

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