How to sell flat without having original sale deed

150 votes

There are certain documents which are required by you in case u would like to sell your land to third person .is
1,your orginal land /property documents 
2,encumbrance certificate..to show u are the real owner.
3,your purchase agreement if u have purchased it earlier
4,or your gift deed if u have inherited the propert.
5,muncipal map and survey no to show u are the owner.
6,previour /earlier LINK documents to show how u got the property.
7,no objection certificate from muncipal in case u have commercial land and not paid tax.
8,sale deed in favour of person whom u intent to sell
once u both agree to see u can go to registrar office and get it registered by paying appropriate registration fees.


When you lose such important documents, the first step is to file a police complaint.The owner should file an FIR stating that the documents have been lost, misplaced or stolen, and get a copy of the complaint. If the house is mortgaged and the documents have been misplaced by the bank, the FIR will still have to be filed by you.Buyers should ask for a copy of the FIR from the seller.
The owner will also have to place an advertisement, stating the loss of the documents, in an English daily newspaper, as well as a regional/vernacular one. Even the buyer can place such an advertisement and, through it, call for any claimant to the property within 15 days of the advertisement being printed.
Based on the police complaint, the owner can apply for a duplicate share certificate from the housing society, which can put up the application at its society meeting. If the application is approved, the housing society will issue a copy of the share certificate after charging a fee. Another document that owners and buyers need from the housing society is the no-objection certificate, without which no lender will be willing to provide a loan. So, ensure you get this too.
After this, the owner will need to get an undertaking on a stamp paper, stating that he has lost his original documents. The undertaking should outline the details of the property, the text of advertisement published in the newspaper, and the police complaint number. It should also clearly state that all the details declared in the undertaking are true. This document should then be attested, notarised and registered with a notary.
The next step is to get a duplicate of the original sale deed, which can be obtained from the registrar's office as it maintains the records of all transactions in its jurisdiction. The owner will have to submit copies of the police complaint, share certificate from the housing society, the newspaper advertisement, and the undertaking, at the deputy registrar's office and pay the required charges. He will then be issued a copy of the sale deed.
If it is an old property, it is also advisable to get a title report of the document to ascertain that the property is free of encumbrances. As the deputy registrar's office will have all the details of the property, you can easily get this document from there. He advises the hiring of a property surveyor or legal consultant to conduct due diligence for the property concerned.

LawRato LawRato