The duly stamped registered sale deed along with other original property documents are critical evidence of property ownership. No transaction concerning the property can take place unless the original papers are furnished. A person cannot buy or sell the property without original property documents.
Also, loan cannot be taken on the property without having all the important documents. A sale deed is an evidence which shows that the property is free from encumbrance and lien. However, if the original property papers cannot be located due to some reasons, immediate steps need to be taken. Following are the steps which can help to trace back the important documents:
FIR: First Information Report with police station
The primary task in case the owner is not able to find the documents is to file the First Information Report (FIR) under Section 154 of The Code of Criminal Procedure, 1973. All the details of the document should be told while filing the report. This step can help the owner to get back the lost papers. In case the police is not able to find the documents then the copy of FIR will help the owner in getting the duplicate papers. So it is the most important step which should be taken as soon as possible.
Notice in Local News Paper:
A notice should be published in English and regional language newspapers stating particulars of the property, documents lost and contact details of property owners. The copies of the FIR will be needed for this and keep the cuttings of newspaper too. The owner of lost documents will have to wait for 15 days for the response of any person who has found the lost documents.
In case the share certificate allotted by a housing society is misplaced, one has to apply for reissue of the same. The FIR copy and newspaper notice have to be furnished with the application. The society may impose charges for reissue of certificate.
Undertaking – Affidavit
The owner has to make an undertaking on stamp paper, to be submitted at the registrar’s office, with details of the property, lost documents, copy of FIR and copy of the newspaper notice. The undertaking must be registered, attested and Notarised.
In order to get certified copy from the Registrar Office, the following documents are to be submitted:
- Copy of FIR;
- Advertisements of lost documents;
- Affidavit attested by the owner of lost documents;
- Application for duplicate sale deed
After the submission of these documents, the copy of sale deed will be delivered to the applicant or owner.
Note: In some states of India, property owner can get certified copy of sale deed registered with SRO without any copy of FIR or public notice in newspaper. Certified copy is just a copy of property document registered with SRO.
In case original property documents kept with banks as a collateral security, while availing Housing Loan or Mortgage Loan, get lost by banks, than it is very important to take following steps with full caution.
- In case any page from the original documents is missing, do not sign any acknowledgement/undertaking given by the bank.
- File a complaint with the bank officials in writing, in regard to missing property documents.
- Lodge a complaint in police station against the bank and keep the copy of FIR.
- Give an advertisement in newspapers mentioning the details of documents and keep the cutting of newspapers. Now a days bank itself provide a declaration that original property papers kept with them as collateral security has been lost and all necessary procedure has been followed with including police FIR and Public notice in newspaper.
Bank provide original declaration duly signed by authorised officer along with copy of FIR with police station and copy of public notice given in newspapers. Same process is applicable in case original property document get lost due to fire in storage area where property papers where kept by bank
The owner of documents can approach court having the jurisdiction with all the proofs which show the banks negligence. Banks are usually ordered to provide compensation to the owner of documents in case court find any negligence done by bank.