File police complaint about loss of , original documents

2) issue  public notice about loss of original documents

3) Apply for obtain certified copy of the said documents from sub registrar office

1. The bank is very well within their rights to demand the original documents or the compliance of the follow up procedures in case of loss.

2. When you bought the property you have urgently bought them without verifying any details neither you obtained any legal opinion, now that has become the reason to suffer so much, 

You may consult an advocate in the local and take his assistance to complete the legal formalities/procedures accordingly.

For the lost original title documents you will have to lodge a FIR with police and also publish a public notice in 2 local newspapers one in English and one in Marathi

As regards the second requisition, if the wife and child are not traceable then you will have to file a declaratory suit against them and obtain a declaration from the court that after the demise of husband his widow and child were the only surviving legal heirs of the husband and that both had consented for transfer of the husband's share in the flat to the name of wife (the minor would have given such consent upon attaining majority)

From your query it is clear that your title is defective and is not marketable 

The bank's requisitions are reasonable. First try to convince the bank by making an affidavit with indemnity so far the requisition of submitting the noc of the widow and child for transfer of husband's share to the wife's name, is concerned. If the bank does not agree then you would have to request the buyer to find another lender which would be flexible with the said requisition or which would dispense with it altogether 

Or else you will have to find a buyer who is not financed by a bank 

Atleast for now you can do the first step as regards the lost documents as stated above 

indemnity bond executed by them for transfer of flat 

2) certified copy of agreement executed with builder if origibal is lost 

3) if any public notice issued , FIR filed copy of same 

If the wife and child can be contacted then you will have to take an affidavit from them that the flat was validly sold to you under your agreement and that it is binding on them. This affidavit assumes more importance when it comes to the child. 

The wife's indemnity given to you before or at the time of sale is not sufficient. 

Steps to Proceed for Clear Title & Bank Loan Approval

1. Lost Sale Agreements (1985 & 1992) - Recovery Process

✅ Police Complaint: File an NCR for missing documents.
✅ Newspaper Notice: Publish in 2 newspapers.
✅ Certified Copies: Get from Sub-Registrar office.
✅ Indemnity Bond & Affidavit: Execute on stamp paper.

2. Legal Heirs’ Confirmation for 1997 Society Transfer

✅ If Wife & Child Are Traceable: Get NOC & Indemnity Bond from them.
✅ If Not Traceable: Execute an affidavit and issue a public notice.
✅ Submit to Society: Get a letter confirming transfer validity.

3. Ensure Smooth Sale & Loan Processing

✅ Organize All Certified Copies & Legal Documents.
✅ Keep a Notarized Indemnity Bond & Society Confirmation Letter.
✅ Consult a Property Lawyer for Title Clearance.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

You don’t need to obtain fresh indemnity bond from the wife 

however you will have to execute indemnity bond to indemnify purchaser 

You have to take steps as per the instructions of the bank which has instructed you to produce the requirements.

It is exhaustive and time consuming, to be followed scrupulously.

The matter is related to loss of original title documents hence it would be imperative to obtain an indemnity bond also.

No in this case again you don’t have to get indemnity bomd

Without perusing the documents what you say or for that matter the other documents, any further opinion rendered on this would be like groping in the dark.

Therefore, if you are prepared to take legal action and become free of all legal hassles you should better consult an advocate in the local and look for solution to all your problems.

If agreement was cancelled by registered cancellation deed then you have no problems 

- You can get the certified copy from the office of the Registrar of those documents which are registered. 

- Further, for the loss of the documents you should publish a notice in the newspaper after filing an NCR of the loss of documents 

- Further, the Allotment letter can be procured from the builder 

You need to Rectify the record by filing RTI in this matter. The said dept will rectify its records if the same is an error

To ensure a smooth sale of your CHS flat and meet the bank’s documentation requirements, follow these steps:

1. Loss of Documents Procedure for Missing Original Agreements (1985 & 1992)

Since the original sale agreements (1985 & 1992) are lost or unavailable, the following process must be undertaken:

Steps to Obtain Legal Confirmation of Lost Documents:

1. Lodge a Police Complaint (FIR or NC Report)

   • File a missing document report at the local police station mentioning the details of the lost agreements.
   • Obtain a copy of the FIR or Non-Cognizable (NC) report for record-keeping.

2. Issue a Public Notice in Newspapers

   • Publish a notice in two newspapers (one English and one vernacular) stating that the documents have been lost.
   • Include details such as property address, transaction years, and request for any claimants to come forward within 15 days.

3. Prepare an Affidavit and Indemnity Bond

   • Draft an Affidavit declaring the loss of documents and stating that they are not pledged or misused.
   • Prepare an Indemnity Bond indemnifying the buyer and the bank against any future claims related to the missing agreements.
   • Notarise these documents.

4. Certified Copies from the Sub-Registrar Office

   • Apply for certified copies of the lost sale agreements from the local Sub-Registrar office where they were originally registered.
   • If they were unregistered, obtaining copies may not be possible, and reliance will be on newspaper notice, FIR, and indemnity bond.

2. Affidavit/Declaration by Legal Heirs of Husband for 1997 Share Transfer

Since there is no record of legal heirs signing an affidavit for the 1997 share transfer from Husband & Wife to Wife alone, the following can be done:

1. Affidavit by Wife (Now Deceased) or Heirs of Husband (If Living)

   • If the wife is still alive, she can execute an affidavit stating that as the sole legal heir (along with the minor child), she received the share transfer from her late husband in 1997.
   • If she is deceased, her legal heirs (including the child, now an adult) can execute a fresh affidavit confirming no objections to past transactions.

2. Indemnity Bond

   • The current owners (your family) can execute an Indemnity Bond stating that the property was acquired in good faith and no claims exist from the husband's heirs.

3. Society Confirmation Letter

   • Request the society to issue a letter confirming that the share certificate was duly transferred in 1997, and no objections were raised.

3. Ensuring Clear Documentation for Future Buyers

• 
  Compile and Notarise all Affidavits & Indemnity Bonds to avoid any future complications.
• 
  Obtain Encumbrance Certificate (EC) from the Sub-Registrar Office to confirm no legal issues.
• 
  Ensure Proper Chain of Title – Certified copies of the 1985 & 1992 agreements and the 2005 sale agreement should be documented properly.
• 
  Update Society Records – Request the society to issue a no-dues and title confirmation letter.

By following these steps, the property title will be legally secure, and banks will process loan approvals smoothly.

If you require professional assistance in drafting the legal documents, feel free to get in touch.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

A registered Deed of Release from the child is necessary for clear title, resale, and redevelopment. A notarized affidavit alone is not enough and may cause issues later. Go with the registered deed for legal safety.

The affidavit or notarized documents are not legally valid documents to recognise the transfer of property on mother's name by the legal heirs.

A registered release deed relinquishing their rights in the property would be a proper document.

This may hamper your title at the time of selling or development of the property.

Registered relinquishment deed would safeguard your interest 

mere affidavit would not suffice 

In this case a letter of administration from court will be needed to prove legal heirship