• Property documents went into wrong hands

I have a property in my name in Tamil Nadu. I had asked my mom to securely keep the land records with herself as I was travelling a lot.My mom was staying with my brother during her last days of death and I was out of India.My mother expired unfortunately while I was abroad.The docs went into my brother's hands after my mom's expiry and he is refusing to return the original docs to me after my return to India and is trying to grab this piece of land from me. However I have not kept a photocopy of this property papers or any information regarding this property, but I know the physical location of my property.

I am in a financial crunch now, hence want to sell this property for which the docs are in the wrong hands of my brother. 

Can you please advise me, on next steps towards the sale of this land ?
Asked 8 years ago in Property Law
Religion: Hindu

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7 Answers

1. Before trying to sell the property, ensure that it does not go out of your hand,

2. The original deed may be deposited with an Bank for mortgaging the property for taking loan for which the Bank may sell it of as per SARFAESI Act,2002 if the loan is not paid,

3. So, first lode a police complaint against your brother for illegally keeping your original sale deed and refusing to return the same,

4. Release a press notification informing the general public about the loss of the original sale deed asking them not to deal with anybody for buying or mortgaging the said property,

5. After that collect certified copy of your title deed from local Registrar's office and conduct the sale.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

As per you question you file criminal complaint against your brother stating that he has stolen your property document after death of your mother you approached sub registered and get the certifite copies of the document

Advocate, Hyderabad
66 Answers
7 Consultations

4.3 on 5.0

If your brother is not returning the property documents held by him, you may lodge a complaint with the police against him and seek their help to retrieve your document.

If you do not want to strain the relationship, you may lode a complaint with the police stating you have lost the title document and ask them to find it out after which you can obtain a certified copy of the registered sale deed from the registrar's office.

or this you need to know the survey number of the property.

If you do not know the survey number of the property you my visit the VAO's office and get the survey number.

After obtaining the certified xerox copy of the sale deed, you may sell the property by attaching a copy of the FIR of police giving a complaint by you for the loss of origin document.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

1) obtain certified copy of land records from sub registrar office .

2) lodge police complaint against your brother as he has wrongfully retained original documents of the property .

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

Hi, you have to lodge a police complaint against your brother for keeping the original documents so at the intervention of the police you will get the original documents.

2. Or else you can apply for certified copies and based on that you can sell the property to third party.

Pradeep Bharathipura
Advocate, Bangalore
5607 Answers
336 Consultations

4.5 on 5.0

You have two options .1 file police complaint 2.Publish the document was irrecoverably lost and take certified copies from registrar office and sell out the properties.

You have to lodge a police complaint against your brother. With the help of police, search out the documents. If the police is not cooperating with you then file a private complaint and search petition.

Ajay N S
Advocate, Ernakulam
4080 Answers
111 Consultations

5.0 on 5.0

1. In these circumstances you should immediately seek injunction from the civil court to restrain him from usurping your property and/or creating third party rights. The certified copy of the sale deed and the mutation papers can be obtained from the office of sub-registrar.

2. Without the original sale deed it is unlikely that any wise buyer will agree to buy the property.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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