Date:- 25.05.2017
Before going through please note:-
ANSWER:-
Therefore, Now I conclude this Article herein below:-
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)
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.
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.
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.)
