Planning to buy an apartment? Insist on seeing the original title deed of the plot to ensure that it has not been mortgaged or tagged “colony land” (in possession of encroachers for years).

The word of advice comes from a city-based tribunal and Calcutta High Court, hearing a batch of complaints, including one filed by nine film actors, against promoters.

The developers had allegedly sold flats on mortgaged or colony land by producing a certified copy of the title deed, instead of the original document, to the petitioners.

“Buyers should always check out whether the promoter is in possession of the original title deed. A certified copy is not enough. The promoter will get to possess the document only if the plot is not mortgaged for loans,” the judge of the Debt Recovery Tribunal observed while admitting the actors’ petition.

In case of colony land, too, the original document will not be with the promoter, even if the building plan has been sanctioned by the Calcutta Municipal Corporation.

The film actors had purchased flats in KP Roy Lane, off Prince Anwar Shah Road, from Hema Anil, a promoter, after obtaining bank loans.

A few months after moving in, they found a notice put up on the building, stating that it was illegal, as it had been constructed on a plot mortgaged with Canara Bank.

It was revealed during the hearing by the tribunal that the promoter had purchased the plot from Gopal Chandra Das, who had acquired it from Gour Chandra Saha. Later, Das took a loan from Canara Bank by submitting the original title deed of the plot.

He then sold the plot to the promoter, but handed over only a certified copy of the deed. As Das failed to repay the loan, the bank seized the property.

Appearing for the actors, Siraj Gooptu and Rahul Ghosh argued: “The civic authorities sanction building plans on the basis of a certified copy of the deeds. Common people only verify whether the plan has been sanctioned.”

A similar experience was recalled before the high court by Ketan Thakkar and Ajoy Dutta, who had bought flats on a mortgaged plot (Bansdroni) and colony land (Bijoygarh), respectively. Both cases were moved before Justice Asim Banerjee, who upheld the tribunal order.

Former high court judge B.P. Banerjee said: “The order will help people realise the importance of the original title deed.” Advocate Gitanath Ganguly urged the government to take “proper steps” to spread awareness on the issue.