• Lost original papers and unable to get certified copies from SRO

My friends mother had purchased a land in a venture in the year 1983 but the original papers of the same have been lost while house shifting long back and they don't even have a single xerox copy of the documents. They have not placed any complain with the police or gave newspaper advertisement. When they tried to get certified copies from the SRO they were given a letter that the request can not be fulfilled as the records are unavailable due to wear and tear. However they only got the EC which still shows my friends mother name as the owner. Please let me know what can be done to get the property records at the earliest and easiest way and from where.

Thanks.

Mr IA
Asked 6 years ago in Property Law
Religion: Muslim

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14 Answers

Hi

Since the name figures in the Encumbrance certificate, the owner of the property should do the following

a) File an FIR : The Owner should file a police compliant regarding his/her lost, stolen or missing original property papers and obtain the complaint copy for future reference.

b) Publish an Advertisement : In addition to filing an FIR, a home owner needs to publish an advertisement regarding lost or missing property papers in Regional and English newspapers.

c) Subsequent to the above procedures, the property owner should submit an affidavit regarding his lost/missing original property papers on Rs100-/- stamp paper. The undertaking should include property details, Property boundaries, FIR number and a version of the published newspaper advertisement, along with a letter confirming that all the details given in the undertaking are correct. The owner should get this undertaking registered AT SUB REGISTRAR OFFICE.

d) Obtain a Nil Encumbrance certificate and title report from District Registrar (Official higher than the Sub-Registrar) office based on the above. This Nil Encumbrance and Title Report issued by the District Registrar will now be the ownership deed in lieu of the lost sale deed.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

1) contact the seller and request him to furnish copy of the original documents of title

2)file FIR about loss of originals

3) issue public notice about loss of original documents

4) if records are not available with SRO then you cannot get certified copy of documents

Ajay Sethi
Advocate, Mumbai
94790 Answers
7549 Consultations

5.0 on 5.0

On the basis of EC she can update mutation Certificate.

However in absence of originaltitel deed or its photocopies it is very difficult to apply for sanctioned building plan.

If she get s a suitable buyer and get a distressed price then better sell it off.

Devajyoti Barman
Advocate, Kolkata
22839 Answers
490 Consultations

5.0 on 5.0

Respected sir...

There is a procedure to be followed by owner ..

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Procedure for getting duplicate papers of property when you lose them

Missing documents play a critical role especially in the sale and purchase of property transactions. Selling a property with a missing paper is not an easy task. In case of a lost document, you will have to get a duplicate and also shell out extra money. Here are the steps required to get the duplicate papers for your property:

1. File a police complaint immediately

You will need to file a police complaint as soon as possible, after you have realised that certain papers are missing. The FIR or first information report should be filed only by the owner of the house, stating that the property papers have been misplaced, lost or stolen. Take a copy of the FIR and keep it safely with you, as at the time of sale, buyers may ask for that as well.

2. Publish an advertisement

Once you have filed the FIR, you will need to publish an advertisement in an English daily newspaper and in any regional newspaper about the loss of property documents. Then you have to wait for the next 15 days to see if anybody finds it and returns it within that time frame.

3. File an application for share certificate

On the basis of your FIR, you can file an application for share certificate from the housing society. The authorized Resident Welfare Association (RWA) calls a society meeting and checks your proof (FIR) of loss. If your application gets approved, the housing society will charge a fee and in return issue you a share certificate. Also, ask for an NOC (non-objection certificate) from them as it plays an important role in transacting further.

4. Register with the notary

The next step is the preparation of undertaking on stamp paper about the loss of documents of the particular property along with the text of advertisement which was published in newspaper and the police complaint number. Documents will then be attested and registered with the notary, so that your undertaking becomes legal.

5. Get the duplicate sale deed

The final step is to get a duplicate copy of the property's sale deed. For this, you have to deposit copies of the police complaint, text of the advertisement, the share certificate and the undertaking stamped by the notary to the registrar office, since all the records regarding property transactions will be kept in that particular office. Then, you need to pay the fees and they would issue a duplicate copy of the sale deed.

Although, a good sum of money is required to go through all these steps, but at the end of it all, you will get a legally-certified duplicate copy for your property. Bank loans are not easily granted on such properties, but after the verification of all the documents, and the FIR, loans are sanctioned, provided the documents are found to be authentic. Loans in such cases are at the sole discretion of the bank.

Thanku

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

You take Search E.C. from 1982 to till now. If the document purchasing the land is registered, it will be reflected in the E.C. There will be Document No. By showing the Document No. you can get certified copy of the same in the SRO Office. Normally it is old Document and cannot be found so easily, hence an experienced person should take up the task. If you are interested I can take up your matter. Contact me through Kaanoon.com.

Ravinder Pasula
Advocate, Hyderabad
400 Answers
125 Consultations

5.0 on 5.0

If the records has been damaged, and not available with the Sro anymore, it could be difficult for you to obtain the certified copy.

Have they given in to you in writing that the relevant records have been damaged?

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Hi

Going by contents of your post the EC still reflects no change, good thing.

Now the EC reflects your documents details, using the same you approach the District Registrar for providing the Certified Copies of your documents.

Immediately lodge a complaint to concerned Police Station & release a News Paper Notification one in regional language and other in English language about the documents.

While lodging complaint with police you have to give them the shortest possible delay.

Even if District Registrar fails to provide the same, you may make an application under RTI Act seeking the reasons for not providing CC of your document.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Hello sir , if the original documents are no more available , you can file a civil suit for declaration in court ,, the court will pass a decree in your favour stating your ownership title

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

File a police complaint for lost of original papers.

Take a daily morning news paper publication as to lost of original documents and furnish the same if found.

Take the endorsement from the SRO and hire an advocate to search the document in SRO and to give a report based on the search conducted by the advocate.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

4.8 on 5.0

Dear Client,

First of all, file Complain ( Gumshudgi ) its mandatory & indispensable.

Wear n tear is usual in SRO, office. but they cant deny, file appeal against rejection order or

Find some clerk there, allure him with benefits, search the record. It will work out,

Municipal offices also maintain files of every house located in their jurisdiction, sale deed must be in it.

Apply certify or through RTI.

Yogendra Singh Rajawat
Advocate, Jaipur
22654 Answers
31 Consultations

4.4 on 5.0

Ask the owner of the property to lodge an FIR in relation to the fact that original documents have been misplaced/ lost and the make an affidavit in relation to this.

Till then you may contact the seller and ask request him to furnish the copy of the same.

OTHERWISE

with all those documents obtain a Nil Encumbrance certificate and title report from District Registrar, and the same will then operate as the ownership deed.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

If property file is lost with sro you can't get certified copy... File A police complaint that your lost papers and take a copy of complaint...Then make affidavit and submit it to sro...Please file rti if that can help you get the documents copy....

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

In this matter immediately lodge a complaint in the local PS with Xerox copies of EC and letter of SRO attaching to the complaint, don't forget to obtain acknowledgement.

Then give a paper notification about the same, asking if anyone have objections to meet you in this regard.

On the basis of these two file a civil suit for declaration and perpetual injunction.

Good Luck / All the Best

Damoder Kankeeram
Advocate, Hyderabad
50 Answers
2 Consultations

4.8 on 5.0

You have to first lodge a criminal complaint about the loss of the property documents and then make a newspaper publication in this regard.

Secure the evidence and then aproach the FRO with an application, if they still doge the issue then you may have to drag them to civil court seeking releif and remedy.

T Kalaiselvan
Advocate, Vellore
84991 Answers
2205 Consultations

5.0 on 5.0

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