Issue public notice about damage to original sale deed due to floods
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Damaged Sale Deed
My Original Sale Deed was damaged in the 2015 Chennai Floods I was able to get a True Certified Copy but we did not run an advertisement or file and FIR. I currently want to sell it and it seems the bank advocate may require this. I have inherited the property and nobody has claimed in over 22 years. The buyer has asked to to run an ad about lost document but I did not loose it how should I word a classified document in this situation as it was destroyed not lost or stolen. I also wanted to know if I need an advocate to do this or if it would be okay to get it notarized. And attested. According to the law my Certified Copy is an equivalent to the original but it is more then 6 grounds please advise
Asked 4 years ago in Property Law
Religion: Other
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10 Answers
The certified copy what you obtained from the sub registrar's office just like that can be obtained by anyone.
The procedure to obtain the certified copy of the registered document is to first give a newspaper publication about the property document which was damaged and seek objections from general public to obtain certified copy for the damaged document. Hope your would be having the some remains of the damaged document with you, in case you can take a photocopy of the same and get it notarised besides an affidavit to this effect and then apply for certified copy attaching the copies of the documents what you possess.
You should understand first difference between original and true copy. Because at the end of the day original is original.
So, you can give the advertisement in two leading newspaper one in English language and other local language.
Mention that due to flood in the year 2015 sale deed got lost and in current situation you're selling the flat or property. If any one has any questions or objections towards said property can revert back within next working 30 days from said advertisement date.
It's difficult to sell without original sale deed you need to do the FIR and publication procedure or declaration of court
Dear Client,
But you need to file a consumer complaint after receiving all the documents from bank seeking damages from them. 1) You should get Duplicate copy from Registrar and certificate of damage under bank's custody certificate. 2) Keep that document in lamination and use Duplicate document as true copy.
Thank you
It is not my bank that lost it my question is stating that the new purchasers advocate is asking this was wondering can someone claim property after 24 years
Asked 4 years ago
Claim would be barred by limitation
Your question is vague which is not in conformity to the prevailing law of the land.
It is not an issue that somebody will claim property after 24 years or not, it is question that arise about the documentary evidence of the clear and marketable title to the vendor/seller to sell this property.
It is natural that the advocate giving a legal opinion about this proeprty to the prospective buyer to demand the original document of the property now proposed to be bought.
It will be asked by any purchaser as it's a title document
- Since, your sale deed is damaged due to flood, then you can move an application before the registrar to get a copy of certified copy dully attested from the Registrar.
- Further , legally you can sell this property after executing an Indemnity bound in favour of the purchaser.
Dear Client,
It is permissible to claim your property after 24 years if you have the right title to the property and in case of adverse possession,possession and occupation of the property by the trespasser/claimant must be continuous, uninterrupted and unbroken for the entire statutory period of limitation.
Thanks & Regards