• Property papers not available

My sister was divorced few years back. She had few properties in her name. During the divorce process, the husband stole the original paperwork and my Sister has only photo copy of the Registery.

My Sisters X husband is a cop( corrupt and well connected one) and he has warned my sister not to try to get the Certified copy of the land papers from the registrar office.
She still tried and did the initial application but seem like some from office is working with the X.

Can you please guide us on how to legally get the certified Registry paper ?
Asked 6 years ago in Property Law
Religion: Hindu

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20 Answers

As your sister didn't receive the certified copy of the papers even after filing of the application with the concerned Sub Registrar office, she can file an application under the provisions of RTI act, to inquire about the status of her application filed. After filing the said application, the public information officer will send the reply to the applicant. They legally do not have any grounds to deny you the certified copy.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

1. Well, the ownership of a property can not be claimed merely by possessing the title deed of the actual owner.

2. SO in either case your brother in law can not be the owner of the property which your sister owns even if he takes hold of it.

3. In other words your sister will continue to be the lawful owner even though her husband stole her title deeds. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Once the original paper is not with you. You can not get the same paper but from registry office of your area you can get the copy of the land details. Because copy of the land details must be in custody of the registry office.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

See she can file a police complaint for loss of the documents and further can give public notice for loss.

Further she need to obtain certified copies from subregistrar office and get help from senior police officials.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. If you have details of the old application, there is no need to file a new one. 

2. Yes

3. Application under RTI can be filed from anyplace.

P.S. FIR can also be lodged against your brother in law for stealing the property papers and the loss can be published in local newspaper, just a prevention. Also, your sister can obtain an injunction order from civil Court in order to restrain her husband from creating any third party interest or disturbing her possession of the property in any manner. After that, if he does so, he'll be liable to contempt of court where being a cop would not help at all.

 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

1. Yes 

2. Yes you can hire a lawyer. 

3. Yes you can do so. 

4. Can't apply certified application online

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

Your sister can apply to sub registrar office for certified copy of title deeds of property 

 

2) also file police complaint about loss of original documents 

 

3) also issue public notice about loss of original documents 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

Since properties are standing in your name and originals are lost you should get certified copies 

 

2) she can engage a lawyer 

 

3) application has to be filed where property is situated 

 

4) land documents are not computerised in many states .no online portal is available 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

1. Your sister should go ahead and obtain certified copies of the documents she has lost.

2. RTI should be filed if the certified copies are not prepared and delivered. Alternatively, a writ petition can also be filed against the registrar in the High Court to seek directions to him to deliver the certified copies.

3. You can engage a local lawyer. 

4. Online portals will not get you the certified copy. Manual search will have to be carried out in the office of sub-registrar.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

First  and foremost thing you need to do is, Issue Public Notice in news paper in local Vernacular & English about missing of Sale Deeds.

1) Make an application afresh with Registrar.

2) Not need to hire lawyer, a layman can do.  If need be, you can.

3) You try yourself at concerned place, if it is refused / delayed you can issue notice to the Registrar for not giving the Certified Copy.

4) You will get the same across the counter right now.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

- The only way to obtain the document is from the registry office or called Sub Registrar office.

- RTI will not suffice the purpose as if the intent is motivated and diverted, you shall not get any positive response.

- You may complaint to PMO and CM window pertains to issue. Generally, CM Window works well with govt official and push them to work, also make the base for future reference of the case if no way comes out.

- The last remedy is available to file the Writ petition in court to instruct the official to provide the copy of documents.

 

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

An application must be filed citing previous application with regard to the property papers. Engage a lawyer who will do the needful.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

He cannot stop you from getting the property papers. If he threatens or does anything then file a complaint. Moreover acquire the papers and see if anyone is encroaching the property. File a suit for eviction.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Hire local lawyer, sub registrar office cannot deny her certify copy. And File FIR agasint him for stealing, original documents. Complain to commissioner/DG.

Application will file where property exits, search credible lawyer. What is the location of property.

Some states provide online search of land records.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

First you should lodge FIR for lost documents.

Give advertisment for loss of documents in two news papers.

Make affidavit for loss of documents attach copy of FIR and two news papers advertisment.

And then You should file another application for getting certified copy of documents along with affidavit and copy of FIR and advertisments. Take recieving from officer on duplicate of application.

If they still doesnt issue certified copy then you can file application to DRO office for this inconvenience.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

you have to write to the sub-registrar where the property was registered, informing them about the missing sale deed and all the other particulars related to the incident. You will also have to write an undertaking, stating everything mentioned in the affidavit is true. This affidavit accompanies by one copy each of the FIR, the non-traceable certificate and the newspaper advertisement, will then will have to be registered at a public notary.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Sir,

The following information may kindly be read:

Procedure for getting duplicate papers of property when you lose them
Missing documents play a critical role especially in the sale and purchase of property transactions. Selling a property with a missing paper is not an easy task. In case of a lost document, you will have to get a duplicate and also shell out extra money. Here are the steps required to get the duplicate papers for your property:
 

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. The FIR or first information report should be filed only by the owner of the house, stating that the property papers have been misplaced, lost or stolen. Take a copy of the FIR and keep it safely with you, as at the time of sale, buyers may ask for that as well.

2. Publish an advertisement
Once you have filed the FIR, you will need to publish an advertisement in an English daily newspaper and in any regional newspaper about the loss of property documents. Then you have to wait for the next 15 days to see if anybody finds it and returns it within that time frame.

3. File an application for share certificate
On the basis of your FIR, you can file an application for share certificate from the housing society. The authorized Resident Welfare Association (RWA) calls a society meeting and checks your proof (FIR) of loss. If your application gets approved, the housing society will charge a fee and in return issue you a share certificate. Also, ask for an NOC (non-objection certificate) from them as it plays an important role in transacting further.

4. 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. Documents will then be attested and registered with the notary, so that your undertaking becomes legal.

5. Get the duplicate sale deed
The final step is to get a duplicate copy of the property's sale deed. For this, you have to deposit copies of the police complaint, text of the advertisement, the share certificate and the undertaking stamped by the notary to the registrar office, since all the records regarding property transactions will be kept in that particular office. Then, you need to pay the fees and they would issue a duplicate copy of the sale deed.

Although, a good sum of money is required to go through all these steps, but at the end of it all, you will get a legally-certified duplicate copy for your property. Bank loans are not easily granted on such properties, but after the verification of all the documents, and the FIR, loans are sanctioned, provided the documents are found to be authentic. Loans in such cases are at the sole discretion of the bank.

Do remember that if you keep the documents in the bank and they are misplaced, you can claim compensation from the bank. It is the duty of the bank to preserve your credentials and they can be penalized for carelessness.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Certified copies of the registration document can be procured by anyone including a third party.

So you also can apply and obtain one.

The office of the sub registrar cannot refuse.

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

1. If she didn't get it then she should have enquired about it and made a complaint about this with the authorities directly.

2. Yes you can take the assistance of a lawyer.

3. You can directly obtain on your name also.

4. You can visit the online portal of the concerned registrar office.

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

  1. As per the information mentioned in the present query, makes it clear that the department is also clubbed together with her husband to create hardship to her despite of her right to get the certified copies.
  2. Yes, you can make one RTI to get to know the status of the application sent to them along with one representation to decide your application to the same department.
  3. If they do not reply to it in positive then please approach the Hon’ble High Court under Writ jurisdiction as per article 226 of our Constitution seeking direction to the authority to give you the certified copy.
  4. And once she approached the Hon’ble High Court then I am sure that no officer will look or listen to her husband sayings.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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