• Legal Value of Duplicate, Certified Copy of Registration

I lost the original property document of my apartment. I followed the due procedure (FIR, Advt, in news paper etc) and applied for a certified copy of registration document from the sub-registrar's office. When I was approached by few interested parties to buy my apartment, I explained that I only have a certified copy, but have all the other documents (Builder-buyer agreement, invoices for paying installments, utility bills in my name). But those interested parties said, they cannot buy my property as the loan department of the banks require "original" registered property document. They will not accept a certified copy. When I contacted few banks, they also confirmed the same. I was shocked that in our country, once a original is lost and replaced by a certified true copy, it is not legally tenable. I have given my property on rent even though I wanted to sell it. Later, I made a gift deed to my wife and gave my share to her and got this registered in the same registrar's office. Even then, I am unable to sell this house. Please advise me how to resolve this issue.
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

The bank is unduly insisted fir original when the same is lost/destroyed.

there is no legal hindrance in selling the proeprty in the basis of certified copy .

To ensure the bank you may execute the Indemnity Bind.

A buyer if not buying the proeprty with financial assistance from bank can very well purchase the proeprty without any difficulty.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

1) if you have lost the originals and have obtained certified copy of documents after filing an FIR you should be able to sell your flat

2) if you are unable to sell your flat you can call upon seller to execute deed of confirmation

3) have it duly stamped and registered

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

Deed of confirmation can serve the purpose

2) you can execute indemnity bond to indemnify the purchaser in case of any claims made

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

No, you can't register the same property once again. Indemnity bond is enough.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

Later, I made a gift deed to my wife and gave my share to her and got this registered in the same registrar's office. Even then, I am unable to sell this house. Please advise me how to resolve this issue.

If you have followed proper legal procedure to obtain this certified copy of the registration document, you may keep the legal documents in support of or efforts to procure this.

In addition you may obtain a legal opinion from a local lawyer and keep that too in you possession to convince the buyer or the banker about this.

Dont e impatient about this or become anxious over this issue. You will find a better buyer one day.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

Is there any need to do a fresh registration on stamp paper to get a registered document again?

There is no provision in law for this

Other than the "indemnity bond" is there any way to get a registered document that can satisfy any bank or loan process. Some people suggest a "Court Order".

You cannot get court for this. There is no provision in law for this.

You may have to proceed with your own strategy.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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