• Property papers

We have a house which was bought in my mother's name. My mother expired 12 years back.  My father has lost all property papers, which is more than 30 years old.  We have duplicate share certificate transfered in my father's name from housing society.  Also municipal tax bills and electricity bills are already transferred on my father's name.  Now we want sell this property what should we do.
Asked 1 year ago in Property Law from Ahmedabad, Gujarat
Religion: Hindu
1) file FIR about loss of original documents 

2) issue public notice about loss of sale deed 

3) obtain certified  copy from sub regsitrar office 

4) then you can sell the property 
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
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Hi, you have to obtain Encumbrance certificate from the Sub-Registrar and also certified copies of the all the sale deed.

2. You have to lodge a police complaint with regard to lost of original documents and also make paper publication with effect to that.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
apply certified copy of the property before the sub-registrar and get the same and after that proceed your sale proceedings.

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Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
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Hi, Notarized documents will not sufficient, you have to issue a paper publication to that effect that the original documents were lost due to flood. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
You can get certified duplicate copy of the registered sale deed document from the sub registrar's office.
If the documents have been reportedly lost in the flood water entered in your house, you can get a certificate to this effect and apply for copy of the registered sale deed document from the concerned registrar's office.  Notarised indemnity deed will not help yo to prove your tale.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
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1) you can obtain certified copy of your sale deed from sub regsitrar office . 

2)mere notarised indemnity would not suffice 
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
1. You should obtain a certified copy of the sale deed from the office of sub-registrar. Without inspecting the copy of the sale deed no prudent prospective buyer will buy the property. 

2. A notarized indemnity is not a document of title.
Ashish Davessar
Advocate, Jaipur
18160 Answers
449 Consultations
5.0 on 5.0

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