Filing RTI to get information and related documents I.e. Index 2 is better option and cost effective too. Receipt and number would be of great help.
My apartment was purchased in 1984 and registered at SRO Haveli 1, Pune. I have the registration receipt and number, but never collected index 2 from SRO. I tried searching it online but is not available. I even paid an Agent to get index 2, but he said that the index 2 is not available (probably lost) with SRO. What alternative is available now other than filing RTI or going to court ? Is there a way to get or generate a new index 2?
Filing RTI to get information and related documents I.e. Index 2 is better option and cost effective too. Receipt and number would be of great help.
index 2 is summary of any document registered with sub registrar. registration act requires preparation and maintenance of number of indexes to be maintained for purpose of record keeping . it is proof that document was presented for registration
2) File an RTI application requesting the Index-II, based on the registration receipt you are having. File this the local office of the registrar of sub-assurances
index II is used as proof to show transfer deed execution, it does not confirm the legitimacy of the facts stated in it. It is merely a document that specifies that the said property is registered. It is used at the time of sale/transfer/loan/mortgage to show the completion of the Transfer of Immovable Property as per the Transfer of Property Act, 1882.
Visit the official portal of your respective State for accessing your online Index 2 document.
There are limited chances of the Index 2 document being misused since it contains non-confidential information.
Index 2 is a public document which doesn’t contain any confidential information or privileged data.
Therefore you can approach the SRO concerned with an application to provide you the certified copy of the same
In the absence of Index 2 for your apartment, here are a few steps you can consider:
Contact the Sub-Registrar's Office (SRO): Reach out to the SRO Haveli 1 in Pune directly and explain your situation. Inquire if there are any alternative records or documents that can be provided in lieu of the missing Index 2. They may be able to guide you on the next steps or provide further information.
Consult an attorney: Seek legal advice from a property lawyer who specializes in real estate matters. They can review your situation in detail and provide guidance on the best course of action based on the specific laws and procedures in your jurisdiction.
File an RTI application: While you mentioned that you want alternatives to filing an RTI (Right to Information) application, it can be a viable option to obtain information from the government authorities. RTI allows citizens to seek information from public authorities, and it could be used to inquire about the availability of the Index 2 for your property. You can explore this option if all other avenues fail.
Explore alternative documentation: In the absence of the original Index 2, check if there are any other relevant documents that can establish your ownership or provide necessary information about the property. This could include the sale deed, property tax receipts, maintenance bills, or any other records that can verify your ownership.
Obtain an affidavit: If you are unable to obtain the Index 2 or any alternative documentation, consult with your attorney to determine if it is possible to obtain an affidavit or a declaration stating the circumstances of the missing document. This affidavit can be prepared with the help of a lawyer and may be useful in future legal proceedings or transactions involving the property.
- As per Section 55 of the Registration Act , Index 2 is a legal certificate that states all the details of property registration, along with the necessary documents submitted at the Sub-Registrar Office (SRO) for records
- Hence, it is a part of ownership document , and specially it is required for selling the property and to taking loan.
- You can move an application before the same registrar office for getting certified copy of Index 2, if online it is not available.
You mentioned that you already tried searching for index 2 online and engaged an agent, but without success. It may be worth contacting the SRO directly and explaining the situation. They may be able to provide guidance or offer alternative solutions. Visit the SRO in person or contact them through official channels to inquire about any available options. Do not rely upon third-party words.
Get an Encumbrance Certificate from the SRO. An EC is an official document that provides information about encumbrances or transactions related to a property. It typically includes details such as ownership, mortgages, and charges on the property. Applying for an EC from the SRO may help provide evidence of your ownership and validate the registration of your apartment. The EC may serve as a substitute for the index 2 documents.
In some cases, there may be additional documents or alternatives that can help establish your ownership, such as old tax receipts, maintenance bills, or any other supporting documents that demonstrate your possession and use of the property over the years. These documents can be useful in building a case to prove your ownership.