The question is vague, if you have the title documents and do not have physical possession of the property and the same is with someone else, then you will have to file a civil suit for possession of the property on the basis of your title documents.
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 right to admit execution of a document before the registration authorities can be granted to someone by way of a Power of Attorney. An NRI can execute such Power of Attorney before the Indian embassy at the place where such NRI resides and forward such Power of Attorney to India for adjudication and payment of stamp duty and thereafter, such Power of Attorney can be used to admit execution ...
(View more)
You will require an NOC ffrom the bank prior to buying such property. You can make payment of the balance dues of the bank from the agreed value of the flat to the Bank directly and thereupon you can also get the originals of the flat from the bank. The original documents of the Flat will not be required at the time of registration of your agreement/sale deed.
You can file for specific perfomance of the Agreement of Sale i.e. Sale Deed. You can approach a Civil Court and seek directions against the owner to execute necessary documents for completing the transfer of the Flat in your favour.
Proper due diligence through an Advocate and further assistance of an Advocate should be sought in connection with any transaction for sale of any immoveable property.
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 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.
Any document purporting to immoable property above Rs. 100/- is required to be compulsorily registered in accordance with the provisions of the Registration Act, 1908.
No objection certificate inter alia certifying that the member selling the flat has no dues and that the society has no objection for the sale by such member.