Can you Sell property without the Original Sale Deed
For some people, it is not easy to sell property without the original sale deed. Deeds, or call them title deeds, are generally the paperwork proving the ownership of the house or any land. In short, deeds can be use in any of the freehold properties. Deeds are hence made up of few important documents. Each time you are about to buy or sell any piece of land, you have to update the deeds to display your ownership over that land. It is not possible to buy or sell property without the original sale deed. Deeds even play a major role during the:
- conveyancing documents
- contracts for sale
- wills
- mortgages
- leases
Is it possible to Sell Property without the original sale deed?
Yes, it is possible to sell or even remortgage the house property without the deeds, but for that sake, you should prove first that you are the real owner of that property.
It is not uncommon for any of the owners to hence mislay the deeds for their specific property or even not receive it in the first place. Therefore, there is no such legal requirement for the deeds to hence pass on when the property piece has been already sold. This is possible only if the property has been register with the Land Registry.
If you are selling any of the property on behalf of your elder or any relative, then it would be a bit of a struggle for you to grab the original deeds. This is the moment when it comes hard for you to sell property without the original sale deed.
If you have been processing the property of any decease person, then you should be first applying for the probate. This is much needed at a time when you do not have the particular authority to sell that property already. So it is important for you to, first of all, apply for the Lasting Power of Attorney with which you have the right to call yourself as the owner of that property. If the owner is no longer alive, then probably it might be an issue for both the power of attorney and probate to claim that property.
Is the sale deed the same as the conveyance deed?
Although for some people, both the terms have similar scenarios, they are coming up with different meanings and reasons. Defining the term sale deed, it is generally a type of conveyance deed, which is a wider term in the field of property. It is also covering some other aspects of exchange deeds, gift deeds, lease deeds, or mortgage deeds.
A conveyance deed is something which is acting as the legal document for transferring the ownership of the property from one person to the other one. In that case, we can say that the sale deed is a conveyance deed too.
But the buyers should not be confuse between these terms considering that both of them are the pieces of documents used in the property matter. We all know that you cannot sell property without the original sale deed.
What are the essential features of a sale deed?
A few of the main elements which are part of the Sale Deed are described below:
Details of the Parties
Give all the details about the involve parties, such as addresses, names, age, and their contact details. These details are used for verifying the seller and buyer’s background.
Details of the Property
Give all the details relate to the property, such as dimensional area as well as ID number and address or the construction details.
Sale Consideration
This clause is all about letting you know about the monetary details, which display all the payments and the dates on which the payments were made.
Indemnity & Encumbrance Clause
In this element, it is display that the property of the seller is legal and is completely free from corruption.
Default Clauses
This clause is mention at the time when any default made by the party is highlight for setting up the penalty.
What precautions should you take before executing the sale deed?
If you want to Sell My property without the original sale deed, then there are some precautions that you need to be careful about for the better execution of the deeds. You should be placing the proper documentation at one pace for successfully purchasing any property.
The sale document has to be properly stamp, and then it should be register. Hence the original title deeds have to be taken by the side of the purchaser from the specific seller.
How should you execute a sale deed successfully?
For successfully executing the sale deed, you should get in touch with a professional lawyer who knows all the basics of handling the sale deed work. Put forward all your property details or any other information with which they can start the whole process on a legal basis. As soon as the lawyer has received the payment, they will start working on your document and will prepare the first draft. They will modify it in case of any corrections so they can make your case representation to be the powerful one in front of the Real Estate team.
Installments of the payment paid in the form of documents should be provide to the lawyer as payment proof. For the execution, parties from both sides will be signing the sale deed by visiting the sub-registrar office in the presence of the lawyer. They have to present a maximum of two witnesses to ensure validity. Both the seller and the buyer should be playing the main role in order to make sure that the transactions are handled successfully.
The seller has to make sure that the whole puppetry is completely free from any sort of corruption, and the buyer should be making sure that the seller has all the rights to sell the property. All the documentation papers should be original, as well as verifiable, and must be complete with authenticating the sale deed properly.
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If you want to get an idea about in-depth knowledge of the process, how to sell property without the original sale deed, you can be the first one to get in touch with us right now. We are here for you to deliver complete information about the real estate properties in Manchester.
Not just in real estate, but we are often helping you with our professional guidance to give you details about how you can sell or buy a property without facing any loss or risk. Our team is based on professional real estate experts who are knowledgeable enough in their work of providing the information which is so valuable for you. In addition to this, we also provide a number of services related to the property sale, purchase, letting, and renting.
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Frequently Asked Questions-FAQs
What will happen if the original sale deed is lost?
You have to lodge an FIR. Visit the police station straight away. Give all the details about your property in the report and provide them the necessary documents which you already have. Police will put level best efforts to trace the rest of the documents and will figure out if the robbery is the main reason or not.
Is it possible to sell a property without the deeds?
Yes, it is possible to sell the property without the deeds, but in its place, you have to prove that you are the main owner of that property. If the deeds are destroy or if they are lost, you should first check whether the property is all register with the Land Registry.
What will happen if there are no deeds to a house?
If your deeds are destroy or if they are missing, then the Land Registry will be registering your property with the absolute title. If not, then, in that case, the property will be all registered with the possessory title.
Who is responsible for keeping the title deeds of the property?
Deeds will just be returned to the owner as soon as the mortgage value on the property has been all paid. But the photocopies of all deeds can easily be request at any hour. If no such mortgage has been held by the property, then the title deeds would be all kept by the owner. They can have it kept either at home or at the solicitor.
Conclusion
Well, we are sure that with this guide, you must have acquired enough information about how you can buy or sell property without the original sale deed and that too legally. Although it is not that much hard for beginners, we are sure that this whole process is a bit tiring and exhausting. Get the best guidance out, consult the experts and take yourself out of this hassle on legal terms.
