• Sale deed lost

Hello, 
We have lost sale deed of our property, can we generate new sale deed (not a gift deed)by transferring my half share of property to spouse by paying registration?.
Asked 13 days ago in Property Law from United States
Religion: Hindu

Yes but that will be a separate document and not a sale deed

Prashant Nayak
Advocate, Mumbai
11948 Answers
22 Consultations

4.8 on 5.0

You can obtain a certified copy of the sale deed from the registrar office where it was registered after filling an application and payment of requisite fees.

Transfer of property is not required in order to get a certified copy of the sale deed. 

Siddharth Jain
Advocate, New Delhi
4649 Answers
50 Consultations

5.0 on 5.0

Once an Original deed is lost irrecoverably then only we can use the certified copy of the same.Approach a Notory advocate and publish the ‘Lost & Found’ advertisement in both national and local newspaper, clearly mentioning the details of the lost Document and your contact details.keep a copy of the News paper publishing add.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. 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 with the help of Notory Advocate. User the Certified copy affidavit and news paper Add for future needs as the place of Original Sale deed .

Ajay N S
Advocate, Ernakulam
3151 Answers
63 Consultations

5.0 on 5.0

In the instance missing of original sale deed 

1. first give an police complaint and lodge the fir 

2.After give an paper publication to the public intimating that your sale deed was missing

3. produce that paper publication to the police station were your complaint was lodged then the concerened police officer will give an certificate as it is is an non traceable document.

4. Finally you apply for certified copies of sale deed at registrar office. 

5. you can add co owner through sale deed or gift deed. 

Mohammed Mujeeb
Advocate, Hyderabad
9577 Answers
3 Consultations

4.5 on 5.0

Yes. It can be done, but certified copies of the property suffice for bank and buyer purposes.

Siddharth Jain
Advocate, New Delhi
4649 Answers
50 Consultations

5.0 on 5.0

See for lost sale deed you can get a certified copy file a police complaint and give public notice in the newspaper.

See even you transfer the property the lost sale deed as chain documents shall be required.

Shubham Jhajharia
Advocate, Ahmedabad
18535 Answers
71 Consultations

5.0 on 5.0

See even for bank requirement a public notice and police complaint will do, paying stamp duty to generate new sale deed make no sense the bank will ask then for chain sale deed also.

Shubham Jhajharia
Advocate, Ahmedabad
18535 Answers
71 Consultations

5.0 on 5.0

Yes you can do that

Prashant Nayak
Advocate, Mumbai
11948 Answers
22 Consultations

4.8 on 5.0

A sale deed can be obtained by you from the registrar office. After that you can sell half of the property to your spouse.

Regards 

Rahul Mishra
Advocate, Lucknow
4156 Answers
11 Consultations

5.0 on 5.0

this sale deed would be different than the deed you have lost. In the new sale deed you would be one of the owners, not the absolute owner.

Rahul Mishra
Advocate, Lucknow
4156 Answers
11 Consultations

5.0 on 5.0

If you have lost sale deed you have to file FIR about loss of original documents 

 

2) issue public notice about loss of original documents 

 

3) obtain certified copy from sub registrar office 

 

 

4) you can sell 50 per cent of your share in property to spouse by registered sale deed 

Ajay Sethi
Advocate, Mumbai
65784 Answers
3981 Consultations

5.0 on 5.0

You can execute sale deed for 50 per cen t of property 

 

it should be duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
65784 Answers
3981 Consultations

5.0 on 5.0

Hi

Immediately you lodge a police complaint before the concerned Police Station.

Give a Notification in News Papers one in vernacular language and other in English cautioning the general public not to deal with the property under the SD giving the details of SD.

Since you have Certified Copy of SD, yes you can sell your share of property by executing Sale Deed and registering before the concerned Registrar by paying requisite stamp duty.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
559 Answers
6 Consultations

5.0 on 5.0

Yes, you can create sale deed on your wife's name. And registered this sale deed in the same office of sub registrar from where you got certified copy of your original sale deed.

Ganesh Kadam
Advocate, Pune
7189 Answers
61 Consultations

4.9 on 5.0

Since sale deed was a  registered one , you can certainly get a certified copy of it from the concerned Registration office which is as good as the original one.

If the same is not available at all then making a gift deed by way of transfer of some share therein is definitely a option.

The gift deed would attract lesser stamp duty.

Devajyoti Barman
Advocate, Kolkata
17581 Answers
250 Consultations

5.0 on 5.0

1. the lost sale deed CANNOT be regenerated by you selling your half share to your wife

2. the bank/buyer will need all the chain documents including the lost sale deed

3. since the original is lost, you will have to lodge FIR, issue public notice and also obtain a declaration from court that you are the owner [the last requirement can be dispensed with if the buyer/bank does not insist for it]

 

Yusuf Rampurawala
Advocate, Mumbai
4351 Answers
24 Consultations

5.0 on 5.0

Dear Sir,

How to get a certified copy of lost Sale Deed? How to get Duplicate 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 Court has 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. For example; Below is the screen-print of Tamilnadu Police Dept portal home page. 

  • 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).

Netravathi Kalaskar
Advocate, Bengaluru
2913 Answers
13 Consultations

5.0 on 5.0

Dear Client,

As per facts, firstly you can get a duplicate copy of sale deed from the sub-registrar office.

Secondly, yes, you can sell the property to your wife and can register new sale deed name of your wife as per the Transfer of Property Act, 1882. 

 

you may call me through KAANOON for more detail.

 

Mukesh Kumar
Advocate, Jaipur
78 Answers

Not rated

Dear

First of all you have to lodge FIR for loss of original documents.

Then you have to publish the loss of original documents in two news papers. 

After that you have to make affidavit of loss of sale deed.  Attach the copy of FIR along with non traceable certificate from police also attach copy of news papers in which you have published the loss of documents.

The approach sub registrar to get certified copy of original sale deed along with above mentioned documents. 

Yes you can gift the property to your spouse by paying required stamp duty and registration fees you will get original gift deed. 

Mohit Kapoor
Advocate, Rohtak
2868 Answers
1 Consultation

5.0 on 5.0

There is no bar for such kind of transaction.you can sell. 

Mohammed Mujeeb
Advocate, Hyderabad
9577 Answers
3 Consultations

4.5 on 5.0

Loss of original sale deed has nothing to do with your proposed transfer of a share of property to your wife.

For loss of sale deed you first lodge a police complaint with the local police, get a non traceable certificate and then publish it in the local news paper after which you can apply for a certified registration copy of the sale deed.

 

T Kalaiselvan
Advocate, Vellore
55685 Answers
675 Consultations

5.0 on 5.0

Yes, you can very well sell a portion or entire property to your wife considering her as a third party buyer, the relationship between you both do not affect the proposed sale of property to her.

You can very well proceed with your proposed sale deed.

 

T Kalaiselvan
Advocate, Vellore
55685 Answers
675 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you wish to execute the new sale deed and having the certified copy of the old sale deed.
  2. Yes, you can execute the new sale deed in favour of your wife, but you will have to pay consideration to your wife to make it a sale and get the sale deed. And also would have to pay a good amount of stamp duty.
  3. You should think of executing the release deed in her favour and then you will have to pay the less stamp duty in comparison to sale deed.
  4. But, at last, if you only wish to execute the sale deed then give some amount in terms of consideration to your wife to make it a valid sale transaction.

Sanjay Baniwal
Advocate, South Delhi
4797 Answers
11 Consultations

5.0 on 5.0

1. Any deed of conveyance is required to be registered.

 

2. Since you are aware of the property details, you can collect certified copy of the said sale deed which you have lost.

Krishna Kishore Ganguly
Advocate, Kolkata
22390 Answers
588 Consultations

5.0 on 5.0

1. If you want sale deed for the purpiose of availing loan from the Bank, you can very well register a deed of conveyance in favour of any of your family members and avail loan by submiting the said deed of conveyance in original.

 

2. You can register a gift deed in favour of your spouce and in that case, you can avoid financial transaction.

Krishna Kishore Ganguly
Advocate, Kolkata
22390 Answers
588 Consultations

5.0 on 5.0

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