• Regarding property agreement lost by sub-regustrsr

Hello
We had applied to get the original builder agreement that was submitted by the first owner from the sub-regustrar's office. However they are not able to find it and have given certificate that the property registration is in their records but are not able to find the documents in their office. Kindly let us know the recourse for this.

Regards,
Rohit
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

Dear Client,

Sub registrar never keeps original agreement but copy of it and if hard copy not traceable, no other releif.

You can try at municipal corporation office, there also, file of every house lies.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

seek a reply under the RTI on the status of original registered documents.

 

2)In case registrar accept loss of documents then in the second stage ask  the state govt to initate disciplinary action against the officers concerned and follow it up by RTI

 

3) request builder to furnish you certified copy of said documents 

Ajay Sethi
Advocate, Mumbai
99977 Answers
8160 Consultations

1) you should get reply through RTI in a month time 

 

2) if no reply is given file appeal before SIC 

Ajay Sethi
Advocate, Mumbai
99977 Answers
8160 Consultations


How to get a certified copy of lost Sale Deed?

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 Courthas 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. 


  • 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;
    • 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.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Sir after document is registered subregistrar office doensot keep the original document it just make copy of same. You can take the certificate and the certificate can be annexed along the certified copy you have,

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Sir Original agreement has to be made again in that case you have to pay the stamp as per agreement and further time shall be minimal it wont take much time.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If original title document is lost then you will have to lodge FIR and issue public notice

You can obtain certified copy from registrar's office 

Original document cannot be with registrar

After completion of registration the original is returned to the party ie first owner

 

Yusuf Rampurawala
Advocate, Mumbai
7922 Answers
79 Consultations

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