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Whether brother has any claim in the absence of original sale deed


31-May-2023 (In Property Law)
Property has been purchased in name of 4 hindu brothers in 1984.Later registered court partition occured declaring each one share and indicated on map. Original purchase deed missing. Whether any brother can take housing loan or LAP ?
Answers (1)

Answer #1
904 votes
You have to visit the Sub-Registrar office (SRO) where the property is registered and make an application to get a certified copy of Sale Deed.
The Registration office has the scanned copy of your Sale Deed with them. But, they will generally not give a certified copy immediately.
They will ask you to publish an advertisement in National and regional (local) newspaper about the loss of property documents (Sale deed).
Also, the said brother can not mortgage the said property for house loan as the documents are missing. Also, after obtaining the said documents, the brother can only mortgage his share of the property.

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