• Filing FIR and Giving ad in newspaper about misplaced property documents

I am the buyer and have applied for home loan.Sellers are two people to whom one single property(one flat in a high rise and they are the first owner) is registered.The have somehow misplaced original flat buyer agreement and possession letter.Now they require the true copy of the docs from builder office.My basic question is <1>should the fir should contain both their names or one name will do(because online fir is taking only one name) or two separate firs for same item will do(i dont know whether it's permissible) <2>sholuld the ad in newspaper for lost & found docs should contain the fir no?<3>pls suggest other docs which i should tell them to arrange to keep documentation full(like any noc frm them or builder for future mutation or change in name in electricity or water)
Asked 6 years ago in Property Law
Religion: Hindu

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14 Answers

In FIR, complainant can be one person.

May be included, but should specify that it has been lost inadvertently and to handover to the respective owner.

If the missing copies are registered, then get a certified copy from the register office.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Hello sir , if they do not have the link documents , do assure that the property is not mortgaged or has a loan on it .. Secondly a single FIR can be done for the misplace of documents of the perticular property .. The FIR can be done through any single owner ..You should be requiring conveyance deed in their favour and a no-dues letter from the RWA .. You can meet me at my office in Gurgaon for futher legal assistance ...thanks

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

give add in newspaper and also FIR. one FIR will suffice for both the documents no need of two separate of FIR. name both the documents in FIR. better is go to nearby police station and get fir registered.

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

Respected sir...

Losing sensitive and valuable documents like a Registered Sale Deed can happen to anyone. So, what is the procedure to obtain a copy of lost Sale Deed? Below is the checklist of what you (owner of the property) have to do in case if you have misplaced the original property documents;

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 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 a copy of the FIR for future use. The prospective buyer(s) of your property or bankers may ask for it in the future.

Kindly note that the Supreme Court has recently ordered all Sates & Union Territories’ police departments to upload First Information Reports (FIRs) on police or government websites, within 24 hours of their registration in police stations. So, once you file FIR in any police station, you can view the FIR details and its Status online. For example; Below is the screen-print of Tamilnadu Police Dept portal home page.

police-fir-view-track-status-online-pic

Apply for a Certified Copy of Sale Deed :

You have to visit the Sub-Registrar office (SRO) where the property is registered and 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 generally not give a certified copy immediately.

They will ask you to publish an advertisement in National and regional (local) newspaper about the loss of property documents (Sale deed).

Place an Advertisement :

You have to publish a ‘Lost & Found’ advertisement in both national and local newspaper, clearly mentioning the details of the lost Document 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 newspaper agency before placing your Lost & Found advertisement.

Below is a sample classified Ad;

newspaper-advertisement-format-sample-public-notice-classified-ad-lost-property-documents-sale-deed-pic

Remember to keep a copy of the complaint as well as the press clippings with you as proof of loss.

After publishing the Ad, you may have to wait for 2 to 4 weeks to see if anyone finds your property documents and returns them within the stipulated time that you have mentioned in the AD.

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 & other documents, and sign the under-taking. You can attach the police FIR document and the copies of newspaper Ads to this Affidavit. The undertaking needs to be attested and registered with a Public Notary.

Get the Duplicate Sale Deed from SRO: You have to pay the prescribed fee meant for this purpose at SRO. Enclose the police FIR document, copies of Ads & Affidavit along with the application for copy of Sale deed. The staff at SRO will verify these documents and issue you a legally certified copy of Sale Deed. Thereafter, certified copies of the Title deed are used as substitute for the original.

This is a complete procedure to be followed on lost of document and yes all your answer are in my ans read it carefully..

Bhai m bhi haryana se hu koe or help chiye ya kuch smj na aye to kaanoon.com se nb leke col kr lena I will ans you each and everything..

राम राम जी(हरयाणवी)

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

The duplicate true copy may be issued by the registrar on the submission of FIR and publication of notice in the news paper in this regard by the owners.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

In my opinion you should resist from purchasing this flat. FIR and ad in the newspaper would not suffice the purpose. Even the bank lawyer will not clear the documents for home loan for the bank. In such type of documentation there is always chance to be cheated and secondly in case you further want to sell, you will face problem. May be the original documents i.e. buyer agreements etc. are with the bank against loan and the seller is telling lie that the documents have been misplaced. In that event you have to pay the bank loan of the seller also. I never advise to purchase such type of flat, rest up to you.

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

1) FIR should contain name of both the owners

2) ad in newspapers need not contain FIR number

3)NOC from builder would be required for sale of property

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

1. The FIR should ideally be filed by both of them if they are joint owners lest the loan process again runs into hassles.

2. Separate FIRs can also be filed. Better go to the police station to lodge a FIR.

3. The newspaper advertisement should contain the FIR number apart from the property description.

4. No other document is required after certified copies of the agreement are provided by the builder.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

There is no need of two FIR. FIR should contain name of both the owners. No needs to contain FIR number in newspapers add.

List of documents required for home loan and registration

1. Sale deed (Present Title deed) in name of present sellers.

2. Encumbrance Certificate from date of purchase till date

3. Latest tax receipt and electricity bill & receipt for the said flat

4. NOC from the society for sale of the flat and Share certificates issued by the society if any.

5. Mother Deed’ or parent document

6. Agreement of sale & construction executed by developer in favour of seller(Ask to produce original agreement with builder)

7. Khata certificate & extract from BBMP

8. Sanctioned building plan

9. Possession/occupancy certificate from builder

10. Joint development agreement, GPA, & Sharing/supplementary Agreement, between land owner and builder

11. Power of attorney/s if any

Ajay N S
Advocate, Ernakulam
4072 Answers
111 Consultations

5.0 on 5.0

1. One name will do

2. Yes the same should contain FIR number

3. NOC and an affidavit will be required declaring that the same has been lost and is not under the possession of any authority or is not lying against some mortgage

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. Name of one of them is sufficient.

2. FIR no. can be mentioned in the newspaper notice.

3. Contact a local lawyer and ask him to prepare a title search report. He will apprise you with the good and bad regrading this property.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

One name will do but kindly check online FIR covers this issues. Online FIR are for petty issues only .

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Let them lodge a complaint with the police directly instead of registering the FIR online.

The newspaper publication should contain the details of the document which is presumed to be lost, there is no necessity to mention FIR number in it.

NOC, indemnity bond by the person who lost the document, any other relevant paper in this regard.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

Hi, the FIR by one person may be sufficient. Further, the newspaper publication can be done by both of them. Any additional documents such as elect bill etc. would be of much help.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

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