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What If You Lose Your Original Property Papers?

Source:, Monday, January 13 2014
What If You Lose Your Original Property Papers?

It’s not that you have lost the original papers and so you cannot sell your property anymore. There are solutions for each and every single thing and in such cases, duplicate documents is the ultimate option. You need to get the duplicate documents if you want to sell your property that has no original papers. Duplicate documents will also help you to secure a bank loan in case if you are buying a new one. Be prepared to spend hefty sum from your pocket to make a hassle free deal in future.

How to obtain duplicate papers?

When you misplace such important documents, the first and foremost 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," said Vinod Sampat, Mumbai-based real estate lawyer and president of the Cooperative Housing Societies Residents and Users Association. However, if you are a buyer then it is your right to ask the seller to provide you a copy of the FIR.

Moreover, the home owner has to put up an advertisement in daily newspapers including English and regional, stating the loss of the original documents. "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," said Ravi Goenka, a high court advocate at Goenka Law Associates.

Registering from a notary is must!

The owner can also apply for a duplicate share certificate from the housing society depending on the police complaint. The housing society can put up the share certificate application on their society meeting and if it gets the green nod then the society will issue a certificate copy after charging a certain amount. Another important document which both the owner and the buyer need to have is the NOC, i.e., no objection certificate. Without this certificate, it will be very difficult to obtain a loan from any lender.

 The next procedure which the owner has to do is to get an undertaking on a stamp paper, affirming on the loss of the 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," added Goenka. Then the document needs to be registered, attested and notarized with an attorney.

Get duplicate copy of the original sale deed

To get a duplicate copy of the sale deed, you need to visit registrar’s office as it keeps all the records of 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," said Sampat.

"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," explained Goenka.


Tags: Property registration,Registration documents.


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