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Necessity of the original sale deed for purchasing a resale flat
22-Feb-2023 (In Property Law)
I wanted to buy a resale flat in Amrapali apartments in Noida. The previous owner of the flat had bought the flat from the builders themselves but the original sale deed for the same has been misplaced. I want to know is the original sale deed necessary to purchase the resale flat?
The seller of the flat needs to provide you with all the original documents related to the flat to be sold. The original sale deed also known as the mother deed or parent deed is one of the most essential documents that need to be checked before purchasing the flat.
This mother deed or original sale deed 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.
However, if the original Mother Deed is missing, one should obtain the certified copies from the registering authorities.
Other documents that are required to be checked are:
This mother deed or original sale deed 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.
However, if the original Mother Deed is missing, one should obtain the certified copies from the registering authorities.
Other documents that are required to be checked are:
- Sale deed (present Title deed) in name of present seller.
- Encumbrance Certificate from date of purchase till date
- Latest tax receipt and electricity bill & receipt for the said flat
- NOC from the society for sale of the flat and share certificates issued by the society, if any.
- Agreement of sale & construction executed by developer in favour of seller (original agreement with the builder)
- Khata certificate
- Sanctioned building plan
- Possession/occupancy certificate from builder
- Joint development agreement, GPA, and sharing/supplementary agreement, between land owner and builder
- Power of attorney ( if any)
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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