You would have to give indemnities to the Buyer for the loss of the original documents and the Bank granting the loan to the Buyer would have to be satisfied with such indemnities and should also be satisfied that the loss of such documents does not affect your title to the house.
The registration and sale of the property by your brother on the basis of the Power of Attorney executed by you is merely as an agent on your behalf and as such there is no requirement of you changing any documents in connection with the apartment acquired by you through your brother and on the basis of the Power of Attorney executed by you in favour of your brother.
You can file a suit or writ petition against BDA from interfering with your possession of the property and to restrain them from taking over the possession of the property without following due process of law or in the alternative you can file a suit on the basis of your title before the civil court in Bangalore.
The order passed by the Delhi High Court would not apply to properties located in Bangalore, unless similar orders are passed by the Kartanaka High Court or the Supreme Court for properties located in Bangalore.
Sale Deed through Power of Attorney lawfully executed in the manner recognised by law is not barred and the judgment of the Supreme Court is in fact on the different issue altogther.
A power of attorey executed before the Indian Embassy in USA in a manner recognised in law and forwarded to India and duly adjudicated and stamped can be lawfully used to transfer the flat.
If the Villa forms part of the land Owner's share, then a Tri-partite agreement bettween the land Owner, the Builder and yourself can be executed, where the builder confirms tha the Villa forms part of the land owners share and further, the land owner agrees to sell the same to you. If the tile of the land Owner is clear and the JDA is properly executed and registered, then the risk would only ...
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Registration was always a requirement even in 1986 and as such if the transaction relating to the plot has not been registered and if the owner is not co-operating for registration now, the only option is to file a suit before a competent civil court for declaration of title to the plot.