Legal Question in Real Estate Law in India

My mother has property in India. She had a stroke which basically paralysed her mentally and Physically. My mother does not have the Original Sale Deed for the property. I have obtained a certified copy of the sale deed but both sides of the document are not copied.

Is it essential that both sides of the Sale Deed is required? according to the local registry office the index book is damaged.

Most probably my mother's relations in India may have the Original Sale deed but nobody is admitting it. Although my mother has made a registered will in India to me, can anybody make a claim for the property after her death(because they posses the original Sale deed and have blank signed papers of my mother) ?

I will be grateful for any advise regarding what precaution I must take.


Asked on 4/22/20, 5:40 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

Sorry to hear about your mother's health. Mere fact that the index book is damaged, you have the certified copy of sale deed which shows the name of the vendor and the vendee. One question arises relating possession of the property. Please mention as to who is in possession of the property? And in which state the property is located? At this stage you don't need to do anything except at the most you may ask from the office of registrar that the index book is damaged. May be, an inspection of the index book helps you to locate or find some particulars. Fee Book can also complete some particulars of registration.

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Answered on 4/23/20, 3:42 am


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