Did you get anything in writing from the registrar office stating that your file cannot be traced?
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.
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Dear Sir, No they have not provided anything in writing
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.
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.
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
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.
Thank you for your guidance. In case we get a response from the registrar in writing that the documents are not traceable then would you kindly suggest the next course of action.
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
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.
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. 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.
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
Meanwhile if you have a previous trail from whom did the seller purchase the land..try to locate him.
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.
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
First you follow the procedures as suggested, after which the legal action can be initiate as per law.
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..
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:
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.