• Loss of original title deeds

What is the legal remedy if the original title deeds are lost 20 years back . The property in question has changed hands thrice between then and now. How does one safeguard a new purchaser against mortgage if taken against the original title deeds twenty years back .
Asked 2 years ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1. The loss of original copies can be remedied by obtaining a certified copy from the office of the registrar.

2. While purchasing a new property you should engage a lawyer to carry due diligence which would culminate in the finding on whether the title is free and marketable or not.

3. A property may not be mortgaged but the title of it would still not be clear if there is a dispute pending in relation to it in a court of law, more precisely if a court has ordered stayed on the sale.

4. The seller can also seek to indemnify the purchaser against third party claims by incorporating an indemnity clause in the agreement.
Ashish Davessar
Advocate, Jaipur
21589 Answers
579 Consultations

5.0 on 5.0

1) if original title deeds are lost then you have to lodge police complaint about loss of the same 

2) issue public notice about loss of original documents 

3) obtain certified copy of tithe deeds from sub registrar office 
Ajay Sethi
Advocate, Mumbai
36467 Answers
2030 Consultations

5.0 on 5.0

Hi, you have to lodge a police complaint in the jurisdictional police station  and also make a paper publication in two news paper.
Pradeep Bharathipura
Advocate, Bangalore
4372 Answers
182 Consultations

4.3 on 5.0

There is no fixed norm in Bangalore or anywhere in the country. When the lessor and lessee execute the leave and license agreement they are at liberty to agree upon any arrangement for advance monthly deposit. 
Ashish Davessar
Advocate, Jaipur
21589 Answers
579 Consultations

5.0 on 5.0

1. Yes, it is a genuine problem since in most of the cases, Title Deeds deposited for creating mortgage are suppressed  and mortgaged property is sold to innocent buyer,

2. You should file a police complaint about the loss of the said Title Deed and publish the same in News Papers,

3. You should also offer to affirm under affidavit that the property has not been mortgaged.
Krishna Kishore Ganguly
Advocate, Kolkata
15522 Answers
377 Consultations

5.0 on 5.0

1. The query is not very clear,

2. A tenanted property will not be mortgaged by a Bank for giving loan since tenanted property can not be sold easily to recover the outstanding amount, if the borroer refuses to pay the loan outstanding.
Krishna Kishore Ganguly
Advocate, Kolkata
15522 Answers
377 Consultations

5.0 on 5.0

1. Before buying the property, the purchaser can give a Public Notice in leading newspapers in English and local language informing the general public and calling for any objections from them, if any, and if no objection is received within 15 days, then the Purchaser can go ahead with the Purchase of the property in question.
2. Whether a Police Complaint has been lodged after the original title deeds are lost?.
3. The norm for advance amount for letting out the residential property in Bangalore is 10 months' rent as Security Deposit.
. 
Shashidhar S. Sastry
Advocate, Bangalore
1506 Answers
93 Consultations

5.0 on 5.0

A mortgage deed will be barred by limitation after a period of twelve years. The deed is reported to have been lost around 20 years ago and there is no such claim so far, so it can be concluded there ma not be any such mortgage on the property.


What is advance monthly deposit in rental payment for residential tenancy there is no such thing except that one who occupies as tenant, he may have to pay the rent in advance for the ensuing month.
T Kalaiselvan
Advocate, Vellore
26426 Answers
268 Consultations

5.0 on 5.0

Ask a Lawyer

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