Original sale deed missing? Here's what you need to do

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

September 17, 2021 12:58 pm | Updated 01:05 pm IST

COIMBATORE, 09/10/2009. FOR SAFETY: A careful scrutiny of the document is required before buying a property. Photo: K. Ananthan 09-10-2009

COIMBATORE, 09/10/2009. FOR SAFETY: A careful scrutiny of the document is required before buying a property. Photo: K. Ananthan 09-10-2009

I am planning to purchase a flat at West Mambalam, Chennai. The owner is furnishing a certified copy of the sale deed since he has lost the original sale deed. Along with the certified copy of the sale deed he is giving me the non traceable certificate from the police, the legal heirs certificate (the owner died leaving behind his wife and two sons), and the death certificate. Can I proceed to make the purchase? Will I face any legal hurdles when I resell it?

A S Thirumalai

Chennai

You have to issue a public notice in widely circulated English and Tamil dailies about your intention to purchase the property as well as about the loss of the original document. On the other aspects, please take an opinion from a lawyer on the marketability of title before purchasing the property.

I purchased a 2BHK flat from a reputed builder and completed the handing over process recently. When trying to fix the outdoor unit for air conditioners (for the bedrooms) at the allotted duct area given by the builder, we couldn’t find a single outdoor unit that can fit into the space. The builder has technically failed to make the provision, and this issue pertains to the whole block. When we questioned the builder, he accepted the mistake in the design and is now planning to make the provision elsewhere so that the current design isn’t impacted. However, this will disrupt the design of my room. If I agree to their terms, it will lead to a makeover of the bedroom interiors.

How do I sort this out?

Satish Kumar

Chennai

Since the issue is common to all the flat owners falling in your category, the same may be addressed collectively. If the alternate solutions provided by the builder are not acceptable to you and you are unable to arrive at a mutually acceptable solution, you may approach the Consumer Forum for compensation.

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