What to do if original documents are lost ?
25-Dec-2023 (In Civil Law)
I lent a sum of 60,000 to a counter party X in behalf of our micro-finance (partnership company closed by 1996) withholding the collateral(original vacant land document) provided by X and I was settled with principal and interest by the counter party by the year 2007 and I forgot to return back his original document by then. Now I got an advocate notice from the same counter party stating that he wants his original document back.. I don't remember where was the document.... now I'm searching it very hard but there is least possibility of finding it (it may gone with the scrap papers when our finance company was closed or it might be inside court ,since i filed a case against him for getting back my money by 2000 but he settled me OTC...)
It is the duty of the financier to return back the original documents produced by the mortgage on settlement of mortgaged amount with interest.
If it is in court apply for return of documents if it is with in the limitation and with out destruction by court.If it is untraceable prefer a complaint before the police station and get certificate of loss of document .
You should give a publication in daily news paper regarding loss of document to protect your side.
You should apply for encumberence certificate and certified copy of the document to prove no Other transfer is made subsequent to mortgage. And issue the same to the
Mortgagee.
Hence in total you should issue to the mortgagee the certificate of loss of document issued by the police ,encumberence certificate, and certified copy of document martgaged, and Paparazzi publication.
If it is in court apply for return of documents if it is with in the limitation and with out destruction by court.If it is untraceable prefer a complaint before the police station and get certificate of loss of document .
You should give a publication in daily news paper regarding loss of document to protect your side.
You should apply for encumberence certificate and certified copy of the document to prove no Other transfer is made subsequent to mortgage. And issue the same to the
Mortgagee.
Hence in total you should issue to the mortgagee the certificate of loss of document issued by the police ,encumberence certificate, and certified copy of document martgaged, and Paparazzi publication.
Helpful?
37+
If it is not possible to find the document, please give a complaint to police and get an LDR (Lost Document Report), commonly called as the non-traceable certificate. Then approach the concerned Sub-Registrar Office and get a Certified Copy of the lost document along with Encumbrance Certificate. Send copies of all these to the concerned party and let them know your situation.
Thanks
Thanks
Helpful?
47+
First you check with your lawyer about the original document or go to the court and ascertain from the office about the same. If it is lost tell your lawyer to reply to the opposite lawyer's notice about the same. It is not a crime to misplace the original document. Accept your mistake gracefully.
Helpful?
26+
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Civil lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."