• Property documents lost at registrar office and in person

Hello,
My parents had bought land in 1986 and we built our house there. Recently we happened to check all our documents and realized that Our Original Sale Deed and Index 2 are not to be found. Based on our Fer Far certificate we did understand that the property had been registered as this was mentioned in the fer far certificate hence we went to the Registrar office to get these documents however at the office they say they cannot trace our file. 
We need you advise to let us know how do we obtain these documents as even the seller of the land is non traceable.
Asked 2 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

21 Answers

Did you get anything in writing from the registrar office stating that your file cannot be traced?

Siddharth Jain
Advocate, New Delhi
5759 Answers
83 Consultations

5.0 on 5.0

1. Apply for cerrtified copy of your title deed for the land purchased by your parents.

 

2. In case of delay in submittingb the certified copy by the Registrar, complaint before the collector.

Krishna Kishore Ganguly
Advocate, Kolkata
26030 Answers
726 Consultations

5.0 on 5.0

1.If you submit your application for the certified copy of the title deed in writing, then you can expect the reply in writing.

 

 2. Take steps as suggested in my earlier popst.

Krishna Kishore Ganguly
Advocate, Kolkata
26030 Answers
726 Consultations

5.0 on 5.0

Issue public notice about loss of original documents 

 

2) file FIR about loss of original documents 

 

3) apply for and obtain certified copy of documents 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

 

file FIR and issue public notice about loss of original documents 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

Apply for certified copies of the sale deed first. If they give it to you in writing that the documents have been lost, you will have to file FIR for the loss of the sale deed and a public notice also needs to be issued intimating the same.A complaint can also be made against the sub registrar.

Siddharth Jain
Advocate, New Delhi
5759 Answers
83 Consultations

5.0 on 5.0

Ask the registrar office to file FIR about loss of original documents 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

Next course of action for you would be to file an application for declaratory decree in civil court

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1420 Answers
5 Consultations

4.4 on 5.0

You need to file RTI in the same taking the said things in writing from them later you can file writ petition in high court for direction to the said dept

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

After that ,FIR has to be lodged as advised above.

Siddharth Jain
Advocate, New Delhi
5759 Answers
83 Consultations

5.0 on 5.0

Apply for certify copy, than if they will have to give in writing cannot trace file, also apply under RTI. Complain to higher authority. Govt. department cannot misplace files otherwise police complaint.

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

Kindly write to the Registrar that your documents are not traceable. You might have to also make a FIR with concerned Police Station

However, if you have any photocopies you can approach the Registrar with the same. You can write to them take a written answer from them that.

 

This is what you wull have to do

  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. ...
  2. Publish an advertisement. ...
  3. File an application for share certificate. ...
  4. Register with the notary. ...
  5. Get the duplicate sale deed.

 

Richa Bharadwaja
Advocate, Delhi
25 Answers

4.8 on 5.0

1. In that case file a declaratory suit making the Registrar a party, praying for a declaration that there was a title deed registered in favour of your parents in connection with the land upon which they had constructed the house and in case the deed no. is found by you then to open the copy of the concerned book no and volume no. afresh to record the said registration as per court order.

 

2. Otherwise also, you shall have the title of the said property based on the Court order.

Krishna Kishore Ganguly
Advocate, Kolkata
26030 Answers
726 Consultations

5.0 on 5.0

The documents have to be present in the registrar office  and if they are not then it is a serious matter. Based upon your possession of the plot and construction file an application in the registrar office for a fresh set of documents so that nobody could present a fake registered deed and sell the property.

Regards 

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

Meanwhile if you have a previous trail from whom did the seller purchase the land..try to locate him.

 

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

1)  Mumbai Revenue Office you can find a copy of register documents. 

Ganesh Kadam
Advocate, Pune
12193 Answers
151 Consultations

4.9 on 5.0

If you have lost your original registered title document, then you may have to lodge a complaint with the local police about it, get an acknowledgment as well as non-traceable certificate, issue a public notice about the loss of the documents, wait for fifteen days after  which you approach the concerned registrar's office with an application for certified copy of the registration document. 

Let them give a reply in writing like what they told  you orally.

You can initiate legal action after that as per law.

 

 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

If you have approached them just like that then you will get this type of treatment only, you follow the procedure as suggested after which they will have to give a reply bin writing if the documents are not found 

You have to enclose the copies of the police certificate as well as the newspaper cutting about the public notice publication

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

First you follow the procedures as suggested, after which the legal action can be initiate as per law.

 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

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. 

apply for certified copy of documents at jurisdictional SRO..

Mohammed Mujeeb
Advocate, Hyderabad
19011 Answers
28 Consultations

4.5 on 5.0

Dear client 

File an application in the office of sub registrar to provide you a true copy of the documents of your house property and ask them to give you reply of the application in writing.

Here are the steps required to get the duplicate papers for your property:

  1. File a police complaint immediately
  2. Publish an advertisement
  3. 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. Documentswill then be attested and registered with the notary, so that your undertaking becomes legal.
  4. Get the duplicate sale deed 

If the office of sub registrar deny your application to provide you duplicate copy then you can approach court for issuing mandatory injunction to provide you true or duplicate copy of your papers. 

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer