If it's registered you can get the same from sub registrar office. If not the you need to approach bcoury for establishment of title. Otherwise you can file police complaint and news paper publication
Lost previous document of the property
SIR, I LIKE TO GET YOUR ADVISE Mrs A has purchased a plot in 1967, she left US and gave GPOA (which has many properties) to her father in 1980 it is a REGD one. in 1987 Mrs A's father sold the property to Mrs B & Mr C, Mrs B gave GPOA to her husband, same way Mr C gave GPOA to his father, in 1987, GPOA of both contains many properties in it Husband of B and father of C is one and the same. GPOA agent of B & C sold to Mr D and E, in 1991 Mr D & E sold it to Mr F (present owner) in 2001 Mr F has lost Mrs A's, B's and C's sale deed, All revenue document of B,C, D,E F are available and intact is it safe to purchase or not.
Asked 5 years ago in Property Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
13 Answers
1) you need original documents of title
2) if original documents are lost file FIR about loss of original documents
3) also public notice has to be issued about loss of original documents
See for the lost sale deed Mr. F need to do a complaint and FIR with police and police shall give lost certificate for same and further a newspaper publication and further an indemnity affidavit for the same.
According to your narration of facts, title to the property is clear and you can purchase the same. Before, that get the title opinion from an advocate by producing those documents along with recent dated encumbrance certificate.
if original are lost file FIR in jurisdictional police station and you should give a publication in newspapers in order to avoid any misuse of the lost documents.
It is surprising that F lost all the previous sale deeds. How were they lost - was there any theft or fire or any other natural calamity? What steps has F taken to safeguard his interests so far - has he lodged any police complaint? In the absence of any satisfactory answers from F, it is not advisable to evince interest in the property.
Sir, I asked him in your document it is mentioned that "all relevant document handed over ", Mr. F reply was that he / representative has not collected the document from Mr D & E and he has checked it, he is saying that he has not misplaced to his best of his knowledge. ( 3 documents were lost out 7 documents) (copy of 3 power of attorney was given to him, originals was given to him when he purchased)
Asked 5 years ago
Not a satisfactory response at all. There is likelihood of documents being deposited elsewhere to create a mortgage for securing some loan.
See FIR and affidavit for same is required by whoever lost it because otherwise there shall be issue in same.
don’t purchase the property
title is is not clear and marketable
He needs to file an lost complaint if the same is lost and give newspaper publication after that you can approach court for the same
In my opinion, it is not advisable to purchase the property whose original title documents are lost are reported to be missing.
Moreover the property had been sold by power agent hence more cautious approach should be made in this regard.
There are possibilities for any legal heir to claim their share in the property based on the original title deed in their possession at a later stage, hence exercise abundant caution in this regard.
Insist on the original documents or else think twice before buying.
Obtain a legal opinion from a local lawyer.
Dear
You need all the original documents to go for purchase as it create a doubt about the property ownership.
It is advisable to lodge an FIR for lost of original Documents and give a publication in News paper about loss of documents.
As he is not providing you all the documents even it is mentioned in the title that all relevant documents are handedover than you should not go ahead with purchase.
Call off the deal.
