Is it advisable to buy Land with certified mother deed

903 votes

No....The original should be available....And if the original is lost from the custody of the land owner Please make sure that he has taken the necessary steps.If he hasnt taken it would be better to avoid it.

Advocate Sindu R Kurup LawRato

609 votes

The best option is to buy the land by taking a purchase loan from the co operative bank. The bank will scrutinice the documents thoroughly. List of documents required
1. Sale deed (Present Title deed) in name of present seller.
2. Encumbrance Certificate from date of purchase till date
3. Latest tax receipt and electricity bill & receipt for the said flat
4. NOC from the society for sale of the flat and Share certificates issued by the society if any.
5. Mother Deed’ or parent document
6. Agreement of sale & construction executed by developer in favour of seller(Ask to produce original agreement with builder)
7. Khata certificate & extract from BBMP
8. Sanctioned building plan
9. Possession/occupancy certificate from builder
10. Joint development agreement, GPA, & Sharing/supplementary Agreement, between land owner and builder
11. Power of attorney/s if any

Sale Deed ensure a Clear Title:
Sale Deed: One of the core legal documents that evidence the proof of property sale and transfer of ownership between the seller and the buyer is the Sale Deed. It is important that a Sale Deed should be registered and before it is executed, one should execute a ‘sale agreement’ and should ensure that all the conditions between the seller and the buyer are complied with. Also, before the sale agreement is executed, the buyer should check for a clear title and whether the property has any encumbrance charges on it.
This document will help you ascertain whether the flat in an apartment complex which you are buying, is on land belonging to the society/ builder/development authority in which the property is located. The first step is to see the title deed of the land which you are going to buy. Confirm whether the land is in the name of the seller and that the full right to sell the land lies with only him and no other person. It is better to get the original deed examined by experts. Along with the title deed, the buyer can also demand to see the previous deeds of the land available with the seller.
This is the most important aspect to be considered before buying a house. If you are buying a house on a leasehold land or land owned by government, do check for the non-objection certificate from competent authorities. To get such a certificate, you may have to pay prescribed fees which will further inflate the consideration for the property.The other most important thing is the entire history of agreements pertaining to that property.
Mother Deed( Previous document)
This document issued by the Sub Registrar's office mentions the names of the sellers & purchasers of the property, for which the document is registered. This is also known as the parent document, Mother Deed is the second most important document that traces and evidences the origin/antecedent ownership of the property from the beginning, in case the property has changed various hands. Mother Deed also helps in smooth selling of the property by establishing the current ownership. The document consists of the change of ownership of the property via sale, gift, partition or inheritance. All such changes will be traced from a transfer document through a uniform sequence in a chronological order without breaking the sequence flow. If there is a broken sequence, one should refer to the records from the registering offices, revenue records or the recitals (preamble) in other documents and should update the sequence until the present owner. However, if the original Mother Deed is missing, one should obtain the certified copies from the registering authorities.

Advocate Ajay NS LawRato

782 votes

The original of the title deed needs to be verified and taken from the possession of the seller if the entire extent in the deed is selling to you. If the seller is claiming that the present document is lost, FIR may be registered, and a paper publication regarding the loss also may be done. Thereafter a particular certified copy may be considered as original and that aspect as to be published. In addition to all it is advised to make necessary search and investigation as to find if the property is mortgaged or encumbered.

Advocate Nelson Joseph LawRato