Procedure to Obtain Lost Property Documents like Sale Deed etc.

Date:- 25.05.2017

Did you lost or somebody stolen/misplaced your very important Property Documents and now you are worried and looking for it  then wait take call read this article here in below and try to understand the procedure to recollect, obtain duplicate/ certified or original document from respective authority.  

Before going through please note:-

The article has prepared in a generic aspect and it may vary from case to case & time to time. To get an exact detail I would recommend to take proper legal aid or guidance from local lawyer.

Procedure to Obtain Lost Property Documents like Sale Deed etc.

Generally once in a life time everyone of us has to give a visit at sub registrar office for registering a legal document that may be a Sale Deed, Sale Agreement, Loan Agreement, Lease Deed  etc. for this we submit our identity proofs which we carry at the time of registration.

All of us have various kinds of documents like PAN Card, Aadhar Card, Driving licence, Passport, Academic Certificates, Investment Documents (Like Share Certificate, bonds etc.), Shop Act License, property documents like Sale Deed, Khata Certificate etc. what if we lost or misplace or somebody stole it from us, it will affect our daily routine work, and compel us to suffer from monetary as well as non monetary losses and this This happens with everybody which is now usually become common at all areas.   

But, What if you misplace an important property documents like Sale Deed of your property and never found it..? We all know how very important sale deed is... A sale deed has almost all the details required to carry out the purchase or sale of the property which is generally useful to mortgage the property for loan requirement.  Most importantly the sale deed would require the owner to certify that the property under sale is free from any encumbrance and without any lien.

So, If it is lost or misplaced then without it, it is a daunting task to sell/ buy a property and it is also very difficult task to take a home loan on such property.

There are few instances even bank or financial institutions have misplaced the original documents of the property.

So in this article, I will going to make you aware regarding the procedure one should undertake to recover or to safeguard him/her self from the misuse of the document. So lets discuss following:-

1. How to obtain certified copy of the lost property documents like Sale Deed ?

2. What is the procedure to get duplicate Sale Deed ?

3. Can a property be registered if the seller does not have original sale deed ?

4. Can anyone apply for copy  of sale deed of property..?

5. Can Bank grant a loan on the basis of certified copy of Sale Deed..?

HOW TO OBTAIN CERTIFIED COPY OF LOST SALE DEED  ..?

Losing sensitive and valuable document like a sale deed can happen to anyone. So what is the procedure to obtain a copy of lost Sale Deed.? Below is the check list of what you have to do (owner of the property) in case if you have misplaced the original property documents:

It is very common for any act of theft, robbery of valuable, important things or even missing things everyone has to knock the door of police station to lodge the complaint it may be in the form of NC or it may be an FIR. In normal scenario police authorities only issue NC's u/s 155 of the Indian Penal Code and give excuses for not registering the FIR. The burden of the same is on the Owner whether he needs FIR or NC of the complaint is sufficient for him. Therefore, following is the first step everyone has already known to it.

1. File a Police Complaint Immediately:-   

• The first thing you need to do is to file FIR (First information report)in the nearest police station where you have lost your property documents.

• Kindly note that only owner of the property has to file an FIR, stating that the property papers have been mis-placed or lost or stolen. Do give your mobile number when registering the FIR so that you can track its status later online.

• You are advised to save or keep the copy of the FIR for future use. Becuase the prospective buyers of your property or bankers may ask it in the future.

• Kindly note that the Supreme Court has recently ordered all States and union Territories, Police Department to upload First Information Reports (FIR's) on police or government websites within 24 ours of their registration in police station. you can view the FIR details and its status online; For Example below is the screen print of Tamilnadu  Police Department Portal home Page. (Reference from www.relakhs.com) 

http://www.tnpolice.gov.in/CCTNSNICSDC/Index?0

2. Apply for certified copy of Sale Deed:-

• After lodging your complaint at nearest police station, you have to visit the sub-registrar office where the property is registered and have to 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 not give a certified copy immediately.

• They will ask you to publish an advertisement in national and regional (local) news paper about the loss of property documents (Sale Deed).

3. Place an Advertisement:-

• You have to publish a 'Lost & Found' advertisement in both national and local news paper, clearly mentioning the details of the lost documnt and your contact details.

• It is a statutory requirement to publish an Ad.in certain cases, you may have to produce an Affidavit or FIR to the news paper agency before placing Lost and Found Advertisement.

• Below is the sample of classified Ad. (Reference from www.relakhs.com)

• Remember to keep a copy of the complaint as well as press cuttings as a proof pf loss. 

• After publishing Ads., you may have to wait for 2 to 4 weeks to see if anyone finds your property documents and returns them within stipulated time that you have mentioned in Ad. 

4. Prepare an Affidavit and get it notarized:-

   Even after waiting for say 10 to 15 days, if you do not find the lost documents, you can get an Affidavit prepared on Stamp Paper. you have to clearly state the details of the lost sale deed and other documents and sign the undertaking. you can attache the police FIR and copies of the newspaper Ads to this Affidavit.The undertaking needs to be attested and registered with a public notary.

5. Get the duplicate sale deed from SRO:-

You have to pay prescribed fee meant for this purpose at SRO. Enclose the police FIR Document, Ads, Affidavit along with the Application for certified copy of Sale Deed. The Staff at SRO will verify this documents and issue you a legally certified duplicate copy of Sale Deed. Thereafter, certified copies of Title Deed are used as substitute for the Original. 

6. FAQ's on Property Documents lost / misplaced:-

 Below are the some FAQ on this topic:-

A. I have taken home loan and my bank have misplaced the Original Sale Deed, What is the procedure to get a duplicate Sale Deed..?

Answer:-

• Submit a written complaint to the bank and keep a copy of their reply with you.
• Register an FIR with a Police against Bank.
• Publish News paper Ad.
• Get the Affidavit done by the bank about the lost property documents.
• Do apply for encumbrance certificate to check if everything is fine with respect to ownership and mortgage details.
• Get duplicate copy of Sale Deed through you banker/ finance lending institution.
• You can ask the bank to bear all the associated costs.

B. Can I buy property without Original Sale Deed ? 

Answer:- 

• If the deal is good and you do not want to miss buying such property. You can ask for the certified copy of sale deed. Police FIR Document, Copies of Ads published in Newspaper etc. from Seller/ Owner of the Property. Do take the latest search or title reports to know the encumbrances on property. Kindly take legal opinion and help from Civil Lawyer  before taking final decision.

C. Can I get a home loan if original sale deed is missing:- 

ANSWER:-

Certified copy of sale deed cant replace the original sale deed when it comes to raising loan over such property, Banks may ask for the Police FIR,certified copy of sale deed, affidavit etc., before issuing home loan.

D. My property is in Society or maintained by Association, do I need to inform them about the loss of property documents? 

ANSWER:-

Yes, you have to inform them and also need to get NOC (No Objection Certificate ) from them.

E. Can any one non owner apply for a copy of sale deed..?

ANSWER:-

• There are conflicting views on this. i believe as the documents registered at SRO comes under Public domain (except Wills), so anyone can make an application for copy of sale deed at concerned SRO. However, you may not get a certified copy
• You have to give details like owners name, document number, property schedule info etc., to get copy of sale deed.
• Some states do provide Sale Deed details online (not a copy of sale deed but only details of registration).
• Some sub-registrars may issue copy of Sale deeds to the owners of the respective properties only, in such a case you may have to file an RTI application and get the required details.

Therefore, Now I conclude this Article herein below:-

A sale deed is one of the most valuable legal document in the purchase or sale of the property. you might have genuinely lost or misplaced the property documents. but don't take this lightly kindly file FIR immediately. Apply for the certified copy of Sale Deed at an earliest. Be prepared to spend your time as well as good amount of money to get this done.  

I hope you will find this information very useful please share your valuable comments.

(information and resource referred from www.relakhs.com site.)

AN OVERVIEW ON FLAT PURCHASES

 Article Contributed by Advocate Sharvari P. Shinde
 High Court, Mumbai.
   
                            

                                       AN OVERVIEW ON FLAT PURCHASES (INDIA).

Purchasing property of your own can be a tedious task. The consistently appreciating property rates, the complexities of laws and the tedious procedures can certainly put someone off the idea of purchasing a flat or an apartment of their own. In this article I am Adv. Sharvari Shinde will try to simplify the process or at-least attempt to decipher the complexities involved. Given below is a step to step guide which you may refer while purchasing a flat.   

STEP ONE:- A BACKGROUND CHECK

The golden rule here is 'never blindly rely on what the builder/ his sales representative represents. It is the right of the buyer to have a complete information about the property he/she is going to purchase. A thorough background check of the property is a must before finalising the purchase of the flat. The following pointers are to be remembered while conducting the background check: 

(a) Title of the Property:-

By this we mean, the history of the land on which the buildings is constructed or being constructed. The buyer has to ascertain who was the previous owner, has the previous owner lawfully transferred the property to the builder/ developer and does any other person have any right on the property which will affect the buyers right to the flat. For this the buyer can ask the builder for an inspection of all the documents of the property. While conducting the inspection, the buyer should arrange the documents chronologically and check if each and every document is registered. Do not rush this step and do not afraid to ask questions. The builder should know the history of the property and he should give you an inspection of all registered original documents. The following documents have to be checked: 

(i) Deed of Conveyance :-

A document recording that the land has been lawfully transferred to the builder. It must be registered. 

(ii) NOC of the previous owners :- 

The previous owners giving their 'no objection' to any construction activity conducted by the builder.

(iii) Property Card or 7/12 Extract :-   

This is a record of the government which shows who is the present (lawful) owner of the property and it also shows the history of the land, its previous owners, the modes of sale etc. It is an essential document and must be checked by the buyer.

(iv) Title Certificate of a Solicitor :- 

It is a certificate issued by a solicitor which says that the builders is the lawful owner of the land and the land is free of all encumbrances (encumbrance = burdens/obstructions/inconveniences).

STEP TWO: APPROVALS: 

Once the buyer is satisfied that the background of the property is clear, the buyer should ensure that the builder has all the approvals of the municipal corporation to construct on the property. Once again it is the right of the buyer to demand an inspection of all original certificates/ approvals obtained by the builder. These approvals can have really confusing names, so they are explained as below: 

(a) Approved Plans:   

Once the builders architect draws the structure of the building (including the flat) the same have to be approved by the local municipal corporation. The corporation will ensure that the foundation of the building is strong, the construction is environmentally safe, has the builder abided with all the safety standards prescribed etc. Once the corporation is satisfied that the building plans are viable, the same are approved by stamping the same. The builder has to construct exactly as per the plans and any deviation from the same has to be approved. 

(b) IOD (Intimation of disapproval):  

In short this is a 'green signal' for builders for the corporation. An IOD presents a list of approvals which the builder has to obtain after which he can start constructing the building. An IOD is accompanied with the approved building plans. The builder has to obtain all the approvals as mentioned in the IOD in order to start construction of the building. Sometimes IOD is only for a part of the building and sometime it is for the entire structure. 
The buyer here has to ensure that the all the permissions as mentioned in the IOD are obtained and the builder has obtained the entire IOD or not. It is always advisable to purchase a flat only after the IOD for the particular floor of the building is obtained by the builder.  

(c) CC (Commencement Certificate) : 

What follows an IOD is a CC. after the builder obtains all the permissions, and NOC's as mentioned in the IOD, he applies to the corporation to get a certificate stating that he can commence construction on site. This certificate called the CC. usually a part CC is granted initially which is only for the plinth of the project i.e. for the basement or ground floor of the project, after which it is extended floor wise. 

(d) OC (Occupation Certificate): 

Once the building is constructed, the corporation inspects it and certifies that the same is fit to be occupied and connected to all the utilities like electricity connection, water connection etc.

(e) Completion Certificate:

This is the final certificate given by the corporation after inspection which shows that the entire building is completed, and the flats are ready with all utilities. 

The safest phase to purchase  a flat is when the commencement certificate is obtained for the flat which the buyer wants or when the OC or the completion certificate is obtained. 

STEP THREE: THE COST FACTOR  

The cost of your flat will depend on the area of your flat and the common area which you will use. The area of your flat will be described either in the following terms. 

Built-up-area:-
The area of the flat including the thickness of the wall.

Saleable Area:-
The area of the flat minus the area occupied by the walls. It is the area which you will actually use. 

The common area of the floor: 
It is the spaces which all the occupants of a single floor will share i.e. staircase area, lift and lobby space. While fixing the cost for this common area, flats with a higher salable area, contribute in a higher proportion towards the common area on the floor.

The common area of the building:
These areas are equally enjoyed by all occupants and hence all the purchasers pay equally for these areas. These areas include your main lobby space, electricity room, pump room etc. 

The super built-up area:  
It is the total of built up area + common area on the floor + common area of the building.

The parking space:
Generally every flat is allotted with at least one free parking space. If the buyer needs more than one space for parking, he can purchase the same from the builder. 


The cost of the flat will be based on the super build up area of the flat and if the buyer is interested in purchasing additional parking space, the same will be added to the cost of flat. 

STEP FOUR: THE TAX FACTOR 

As per the current taxation laws, the buyer has to pay the stamp duty on the purchase of the flat which varies anywhere between 6% to 12% of the flat cost and he also has to pay the stamp duty for the flat, which will be decided by the current stamp duty rules. These charges will increase the sale price of the flat but it is always advisable to pay them and get the sale registered in order to avoid any misuse by the builder. 


STEP FIVE: THE PURCHASE

This is the final stage of the flat purchase where the buyer and builder will sign agreements for purchase of the flat. The agreements are usually called       "Agreement for sale" or a " Sale Deed". The builder will present to the buyer a standard format agreement which he has prepared for all the buyers, but the buyer can change the clauses if he finds them too restrictive or if he is not happy with them. It is always important to include the entire price of the flat (including the tax liabilities), the proper area and description of the flat, the description of the common areas and parking spaces enjoyed and the date on which the buyer will be given the occupation of the flat by the builder. Once the buyer is satisfied with all the clauses of the agreement, the same can be signed and registered, in the office of the registrar of Assurances which is located at various locations in district. 

The signing of the agreement and its registration completes the flat sale process. 

STEP SIX: THE POSSESSION LETTER

The Possession Letter is given by the builder to buyer after completing all the formalities of execution and registration of agreements/documents w.r.t. sale of flat to the buyer. The letter consist, the flat is ready for possession with all utilities and it is conveyed to the buyer.  

It is indeed a long drawn process to purchase a flat, however, with enough patience and awareness about the procedures, it can be ensured that the buyer will be able to purchase his/her dream home/house without major glitches.     

By
ADVOCATE SHARVARI SHINDE