First original agreement which was not registered lost & unavailable

If first original agreement which was not registered(YEAR 1989-90)is not available and if I want to buy the same flat what would be the legal consequences. I would be the third buyer. I brief you as below. 1.First buyer original agreement is missing. Said agreement was not registered because in the year 1989-90 it was not mandatory. Stamp duty was paid.Photo copy of the agreement is available. 2.Said flat was sold to wife and husband (Second Buyer) joint name with wife as first name in 1999. Flat was registered and stamp duty paid.All original documents are available. 3.Wife and husband both have expired. Now said flat has been transferred to his nominated Son. He has one sister. 4.I want to buy this flat. I approached schedule bank for loan. They refused to sanction the loan, as they are asking for original copy of first agreement which is lost and say that nominated Son is not successor. Kindly advice.

Answers (1)

68 votes

Dear Sir/Ma'am,

The bank has inferred correctly that the nominated son is not the successor and the sole heir of the property. In this regard, it is important to understand the personal laws governing you as that will determine the devolution of the property.
The courts have in various judgements held that a nominee does not become the "absolute owner'' and is empowered only to hold the "property in trust for the real owners, that too for the purpose of dealings with the society.''
Depending on the personal laws governing you, further advice can be meted out.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Property Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
34 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
20 years Experience
Advocate Rajeev Nigam
Kanpur Nagar, Kanpur
27 years Experience
Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
21 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Property Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related Questions

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles