A document in the chain of my property documents is missing.. I applied for a copy in the Registrar office and am getting a response tht it's not there also.. What legal remedy do I have ?
Approach seller for the missing chain of documents
2) if it is registered document then copy must have been misplaced
3) obtain in writing from sub registrar office that document has been placed
4) you can file declaratory suit that you are absolute owner of property
5) you can file writ petition to direct sub registrar office to trace the missing documents
Registrar office can be managed by Advocate only. When Applicant approaches directly, they eluded this way only. Last resort is filing missing complaint.
How old the documents are ?
Hi, Normally the Sub-Registrar will have to maintain the Certified copy and if they don't have the copy and then you can lodge the police complaint and also keep the acknowledgement issued by the Register for your future reference as the original document is lost. Apart from the above you have no other way.
If it is a registered document then the office of the registrar concerned should have documents in their records.
If they say that do not have them you may ask them to give it in writing after which you may prefer an appeal against the registrar before the district registrar or IG registration and seek relief.
If you don't get the desired relief from the registration department you may better file a writ petition against the IG registration and the concerned sub registrar seeking relief and remedy
Dear client,
the usual procedure is to file FIR with the police for loss of your registration document and then apply to the concerned registration office and seek a certified copy of the registration document by providing photocopies of that while asking for the certified copy.
Thank you
- If the said property is registered from the office of the Registrar , then the said office is bond to issue a certified copy of the document on request.
- Since, you have already applied and the response is no record there, it means this property was registered from any other registrar office, as earlier it was in practice.
- However, as it is lost , then you can publish a notice in the news paper after mentioning that the original of property is lost , and if any found then it will not have any legal value in the eye of law .
- Further, you can also lodge a complaint before the police as well.
In my opinion, file an FIR FIR missing documents. Thereafter, apply for certified copy of the documents and obtain written reply that the document is not there also. Thereafter, file a suit for declaration to the effect that you are owner in possession of the property and the document of chain in title is genuinely lost and is not available also in the office of sub registrar as verified by them.
Take a declaration from court of you have photocopy or create new one
1. Conduct Public Notice via News paper publications, Police Report and other procedures thru a local property lawyer.
Keep Smiling .... Hemant Agarwal
Visit: www.chshelpforum.com
You may first apply under the RTI Act to the registrar. If they fail to issue a certified copy, file a suit at the proper court for necessary direction to the registrar to issue one to you.
