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Lost all original documents of ancestral property what to do
16-Mar-2023 (In Property Law)
We have lost all the original documents of our ancestral property. What can we do in such situation?
No thanks to the rise in the incidences of fake property papers and unethical businesses, prospective home buyers need to be extremely cautious and cross check relevant papers before taking a call on a property. Property papers are very important, especially when buying or selling a house. However, if, unfortunately, you lose your property papers, it is imperative you know what to do to avert disaster. One can sell one’s property even after losing all the papers. One only needs to find relevant solutions, with the procurement of duplicate property papers being the final solution. In case original property papers go missing, it is highly advisable to obtain duplicate papers, which are especially vital, in the case of home loan applications.
Procedure to be followed in case of loss of papers:
File an FIR : Before applying for duplicate papers, a person should primarily file a police compliant regarding his/her lost, stolen or missing original property papers and obtain the complaint copy for future reference. An FIR should also be filed if a bank misplaces documents in relation with mortgaged property. If you are a buyer, it is your legal right to ask for related property papers from your seller.
Publish an Advertisement : In addition to filing an FIR, a home owner needs to publish an advertisement regarding lost or missing property papers in local and English newspapers. Likewise, a buyer can also put up an advertisement, asking the claimant of the property to contact him/her regarding the property papers, but within 15 days of the published advertisement.
Property Registration : A house owner, on the basis of the FIR, also has the option to apply for a duplicate share certificate from the housing society. Subsequent to this, the housing society can share this certificate application in the society meeting. A positive consensus on this matter can lead to the issuance of a duplicate share certificate to the owner, after the payment of a certain fee. NOC is another important document that both the home owner and buyer are required to possess. In the absence of this document, it will be difficult for the buyer to get a home loan from banks/lenders.
Subsequent to the above procedures, a home owner needs to get an undertaking regarding his lost/missing original property papers on stamp paper. The undertaking should include property details, FIR number and a version of the published newspaper advertisement, along with a letter confirming that all the details given in the undertaking are correct. The owner should get this undertaking registered, attested as well as notarised by an attorney.
Procuring Duplicate Copy of Original Sale Deed : A registrar’s office maintains the archives of all property transactions in its authority. To procure a duplicate copy of the original sale deed, an owner has to visit the registrar’s office. For procurement, the owner has to submit police complaint copies, the newspaper advertisement, share certificate obtained from the housing society, and also pay relevant charges. Upon this, a copy of the original sale deed will be given to the owner. In case the property is old, it is highly recommended that one obtain a title report of the property document from the deputy registrar’s office to confirm that the said property is hindrance-free.
An kind of help, Please call me TY ;)
Procedure to be followed in case of loss of papers:
File an FIR : Before applying for duplicate papers, a person should primarily file a police compliant regarding his/her lost, stolen or missing original property papers and obtain the complaint copy for future reference. An FIR should also be filed if a bank misplaces documents in relation with mortgaged property. If you are a buyer, it is your legal right to ask for related property papers from your seller.
Publish an Advertisement : In addition to filing an FIR, a home owner needs to publish an advertisement regarding lost or missing property papers in local and English newspapers. Likewise, a buyer can also put up an advertisement, asking the claimant of the property to contact him/her regarding the property papers, but within 15 days of the published advertisement.
Property Registration : A house owner, on the basis of the FIR, also has the option to apply for a duplicate share certificate from the housing society. Subsequent to this, the housing society can share this certificate application in the society meeting. A positive consensus on this matter can lead to the issuance of a duplicate share certificate to the owner, after the payment of a certain fee. NOC is another important document that both the home owner and buyer are required to possess. In the absence of this document, it will be difficult for the buyer to get a home loan from banks/lenders.
Subsequent to the above procedures, a home owner needs to get an undertaking regarding his lost/missing original property papers on stamp paper. The undertaking should include property details, FIR number and a version of the published newspaper advertisement, along with a letter confirming that all the details given in the undertaking are correct. The owner should get this undertaking registered, attested as well as notarised by an attorney.
Procuring Duplicate Copy of Original Sale Deed : A registrar’s office maintains the archives of all property transactions in its authority. To procure a duplicate copy of the original sale deed, an owner has to visit the registrar’s office. For procurement, the owner has to submit police complaint copies, the newspaper advertisement, share certificate obtained from the housing society, and also pay relevant charges. Upon this, a copy of the original sale deed will be given to the owner. In case the property is old, it is highly recommended that one obtain a title report of the property document from the deputy registrar’s office to confirm that the said property is hindrance-free.
An kind of help, Please call me TY ;)
Helpful?
92+
92+
Adv. Srinivasa Kudva
Bangalore | 100+ Answers
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What makes a sale deed invalid?
The document will be void if there is no consideration in the document or if it was never intended to be paid. It is possible to distinguish between a sale in which the consideration was intended to pay and has not been paid, and a sale in which the consideration wasn't intended to be payable at all.
What is the value of unregistered sale deed?
The sale deed must be registered when an immovable is sold for more than Rs. The sale deed must be registered if the value is Rs. If the price is below Rs. This can be done either through a registered deed, or by the delivery of the property. The goal is to make the transaction public.
Is a certified copy of a deed as good as the original?
Recently, the Supreme Court clarified that a certified copy of a sale deed original is admissible as evidence during a trial. According to Sections 65,74,77, read with Sections 79 of Indian Evidence Act of 1872, and Section 57(5) Registration Act. 22-Sept-2023
Who keeps the original sale deed?
Who keeps the Sale deed? The buyer keeps the original Sale Deed as it is the primary proof of ownership. 03-Aug-2023
When you lost and where you lost. First you give complaint before police if you lost it recently. Then you can take all by applying certified copy before concerned sub Registrar , if you know about your property's description.
Helpful?
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Adv. Dharmendra H R
Bangalore | 25+ Answers
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Dear Sir/Madam, if you have really lost the original documents, you have to give police complaint in your jurisdictional police station or lost the place of the documents jurisdictional police station in this regard, thereafter you have to give public notice for the same and you have to apply for the certified copies from the concerned sub-registrar office as well as revenue department ... if you want my legal service I will do it.
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Adv. Chandrashekhar Vithal Jadhav
Bangalore | 200+ Answers
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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.
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