• Property documents

I purchased a residential site in the Arkavathi Lay out of Bangalore Development Authority, Bangalore. The sale deed was executed in the office of the sub-registrar on 22.01.18. After obtaining the original sale deed from the sub-registrar and all the original douments from the seller, along with members of my family I was returning home in the evening in my son's car. At about 7.45 pm, we noticed the tyre of the car was puncured. We stopped en-route (in the compound of Govt. offices, banks, etc.), replaced the punctured tyre in some 20-25 minutes. When we were about to start, some miscreants came on bike and took away the bag kept on the back seat of the car and escaped. The bag contained a lap top belonging to my son and all the original documents of the site. 
Immediately complaint was lodged by my SON in the nearby police station. Police have registered the complaint and have given a FIR copy to us. We believe police has initiated action in the matter. 
I need guidance and advice on the followig issues:
1) Police Complaint filed by my son in regard to property original documents stolen is enough or whether I should register one more complaint as the sale deed is in my name.
2) Are the stolen documents useful to the miscreants, can they use it for cheating, encashing, pledging for loan, etc.
3) Steps I need to take to protecat my interest in the property
4) What kind of legal help / co-operation can I seek from the Registrar to protect my interest.
5) Further legal guidance for me to avoid complications and troubles. 

Kind advice solicited. 

With regards

peer khan
Asked 6 years ago in Property Law
Religion: Muslim

2 answers received in 30 minutes.

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12 Answers

Dear Sir, you have to give one representation to the jurisdictional sub registrar office with enclosing police complaint and in mean time you have to give paper ad for the same to public notice in this regard, it will avoid future problems in regard to property.. if you want more advice in this regard kindly contact me through esteemed kaanoon.com .....by Chandrashekhar Vithal Jadhav Advocate Bangalore

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

1) you should register FIR about theft of original documents of tile

2) miscreants can seek to obtain loan on basis of original documents of title

3)issue public notice about loss of original documents

4)obtain certified copy from sub registrar office

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

1) You registered one more complaint as the documents belongs to your name or in FIR copy all details of your belongings has been mentioned?

2) On that documents they can't have loan or mis representation as your name is their on paper, further your signature may require and in today's digital world AADHAAR card is asked every where.

3) You can take possession of property as soon as possible.

4 & 5) You can take photo copy of sell deed and give application to registrar, that do not registered any transfer or sell deed without your permission, explain him in details all your issue.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Dear Sir

Issue a paper publication about theft. Obtain certified copy and then apply for duplicate copy. Send intimations to all the authorities especially to Sub Registrar in writing. Send intimations to seller. Start proceeding of loan even though you are not required so that no body else mortgage your original sale deed. More suggestions in person

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

You can just visit registration department and write a letter adressing registrar narrating the whole story

However u might have received a registration slip if the same is with you then if u ll tell that detail registrar will give u the detail and then u can apply for certified copy of the same

However original papers wont let them do anything bcoz the property is in your name title is transferred in your name soo right to transfer is only with you

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

4.0 on 5.0

1. This is enough.

2. Yes, give a general notice in the newspaper informing public at large not to buy this property if anyone offers this property for sale.

3.On the basis of the FIR and the newspaper notice, apply for the certified copy of the original sale deed. This certified copy will be as good as original.

4. Immediately go for the newspaper notice and thereafter apply for obtaining the certified copy.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

1. The fact that the bag containing documents and valuables has been stolen should be enough to substantiate your averment. Therefore, you need not lodge separate complaint.

2. Obviously, they may tamper the document and use it to project as if they are the original owners. However, on due verification any purchaser shall get to know that they are fake. As it is an apartment and you are in the sole possesion, you may get to know if anyone pays visit to purchase, then, you can start the legal process of filing complaint.

3. Nothing as of now, apply for certified copies and as you are in possession, you need not worry about encroachment. The FIR will help to establish the fact that the documents has been stolen. Also, despatch the copy of this FIR to Registrar to intimate to the office concerned not to entertain any malpractice with respect to the said property.

As of now, nothing to worry as you have filed complaint on time. Follow-up with registrar and obtain certified copies.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

1. Yes, do lodge complaint of theft in local police station astating the loss of document though the said theft.

2. The complaint of theft or loss is enough to take care of the situation.

3. the original deed does not create any title to the person who is holding it. So the miscracan do nothing with the original title deed.

3. However to deal with the situation take a certified copy of the deed form the registrar's office which would be proof of the deed. The complaint copy is proof of loss of original deed.

4.The Registrar has nothing to do.

5.Make a newspaper publication also about the theft or loss of the deed.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1. It would be better that you lodge an additional complaint with regard to the loss of original title documents so that you can initiate the process of obtaining the certified registration copy by giving newspaper publication etc to prove the authenticity.

2. You can immediately issue a public notice in this regard stating that the documents were stolen and if anyone indulges in any type of transaction based on the original document it is not valid in law and not binding on you and the buyer will be doing so at his/her own risk.

With the copy of this press release and complaint copy you may give a letter to the sub-registrar about this loss and to make a note in the concerned register about it and to not entertain anyone to encumber or make any transaction with regard to the property of this title document without your consent or written permission.

This will ensure safety for your property against any misuse of the stolen documents.

3. You may go through the above paragraph for the steps to be initiated.

4. The above reply suits for this too.

5. You may be watchful about the developments till the time you are getting the certified registration copy of the title documents and after that for more safety, you can create any type of encumbrance over the property from your side so that you can avoid any unnecessary complication that may arise in future.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

1. That complaint is sufficient.

2. No they can not, make a publication with this regards in the news paper. Nothing can happen without your sign and presence.

3. As advised above.

4. Ask him for a certified copy and inform him that no transfer be made without your presence.

5. No such other complication would arrive.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

1. If the FIR filed by your son mentions specifically about the bag containing the original sale deed executed in your favour then no separate FIR is required to be made. However, in the first place the FIR should have been lodged by you, not your son as the sale deed was executed in your favour.

2. Immediately publish a newspaper notice in two regional and two national dailies about the loss of your documents and mention that you are the owner of the property and warn the public to not to enter into any transaction pertaining to the property.

3. Obtain certified copies of the document from the office of sub-registrar.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Son can file Complaint it's legal.

They can't use it for cheating if they use also they will be legally held responsible.

You have the possession of property. You have filed Complaint that's enough.

No need to approach registrar police machinery is enough. Still if you are more suspicious send a copy of the police Complaint to Registrar with a covering letter of facts mentioned in the same.

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

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