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How to get docs to my dead mothers property legally
24-May-2023 (In Property Law)
Sir, my mother died one month ago and we are muslim by religion my question is that there is some agriculture lands in Muzaffarpur, Bihar in the name of my mother and after her death I can not find the property documents as it seems to be missing. How I can get those missing property documents of agriculture lands legally? Will appreciate for your proper guidance & help!
File an immediate police complaint:
Whenever you come to know about loss of certain papers either by you or bank, you need to file a police complaint as soon as possible. FIR should be made only by the owner of the house and it will be stating that the papers of property have been misplaced, lost or stolen. Take the copy of FIR. Hold it safely with you as at the time of sale, buyers may ask for that as well.
Publish the advertisement:
Once you are done with the FIR, you need to publish an advertisement in an English daily newspaper and also in any regional newspaper about the loss of property documents. Then you have to wait for next 15 days as it might be possible that somebody finds it and returns it within the limited time frame.
File an application for share certificate:
Now, on the basis of your FIR, you can file an application for share certificate from the society. The authorized Resident Welfare Association (RWA) calls a society meeting and checks your proof (FIR) of loss. If your application gets approved, the housing society will charge a fee and in return issues you a share certificate. Also, ask for a NOC from them as it plays an important role in transacting further.
Register with Notary:
Next step is the preparation of undertaking on stamp paper about the loss of documents of particular property along with the text of advertisement which was published in newspaper and police complaint number. Documents will be then attested and registered with the notary, so that your undertaking becomes legal.
Get the duplicate of sale deed:
The final step is to get duplicate copy of property’s sale deed. For that, you have to deposit copies of police complaint, text of advertisement, share certificate and the undertaking stamped by notary to registrar office since all the records regarding property transactions will be kept in that particular office. Then, you need to pay the fees and they would issue a duplicate copy of sale deed.
These are the few steps which are required to be taken at the time of loss of property documents. Although, a good sum of money is required to go through these steps, but at the end you will get legally proved duplicate copy of your property.
Whenever you come to know about loss of certain papers either by you or bank, you need to file a police complaint as soon as possible. FIR should be made only by the owner of the house and it will be stating that the papers of property have been misplaced, lost or stolen. Take the copy of FIR. Hold it safely with you as at the time of sale, buyers may ask for that as well.
Publish the advertisement:
Once you are done with the FIR, you need to publish an advertisement in an English daily newspaper and also in any regional newspaper about the loss of property documents. Then you have to wait for next 15 days as it might be possible that somebody finds it and returns it within the limited time frame.
File an application for share certificate:
Now, on the basis of your FIR, you can file an application for share certificate from the society. The authorized Resident Welfare Association (RWA) calls a society meeting and checks your proof (FIR) of loss. If your application gets approved, the housing society will charge a fee and in return issues you a share certificate. Also, ask for a NOC from them as it plays an important role in transacting further.
Register with Notary:
Next step is the preparation of undertaking on stamp paper about the loss of documents of particular property along with the text of advertisement which was published in newspaper and police complaint number. Documents will be then attested and registered with the notary, so that your undertaking becomes legal.
Get the duplicate of sale deed:
The final step is to get duplicate copy of property’s sale deed. For that, you have to deposit copies of police complaint, text of advertisement, share certificate and the undertaking stamped by notary to registrar office since all the records regarding property transactions will be kept in that particular office. Then, you need to pay the fees and they would issue a duplicate copy of sale deed.
These are the few steps which are required to be taken at the time of loss of property documents. Although, a good sum of money is required to go through these steps, but at the end you will get legally proved duplicate copy of your property.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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