1) file writ petition in HC to direct sub registrar office to trace records of 1946 and to furnish certified copies of house registry papers
Unable to obtain certified copy of registry from registrar office
My father has lost the house registry papers. We have photocopy of such papers, & the records are also missing from registrar office as conveyed to us by subregistar. (they are giving excuse that registry is very old i.e, 1946. so it might be displaced while shifting office.) They gave written letter that they are searching for it & will provide the same if found. (2 years has already elapsed since first application.) Any remedy for the above case?
Asked 8 years ago in Property Law
Religion: Hindu
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10 Answers
Thanks.. But in which high court? Indore or Jabalpur.... How much time it usually takes when high court interferes? Suggest alternate remedy if available.
Asked 8 years ago
1) your local lawyer will guide you whether writ has to b e filed in indore or jaipur in this regard
2)you have to make application for urgent reliefs before HC
File a writ of mandamus before High Court. Check up whether it is available in District Registrar office. You can also file application under RTI Act.
Hi, You have to apply for certified copies of the sale deed and if they fail to provide the certified copies of the sale deed then ask them to give endorsement to that effect that they have lost the documents.
My father has lost the house registry papers. We have photocopy of such papers, & the records are also missing from registrar office as conveyed to us by subregistar. (they are giving excuse that registry is very old i.e, 1946. so it might be displaced while shifting office.)
They gave written letter that they are searching for it & will provide the same if found.
(2 years has already elapsed since first application.)
Any remedy for the above case?
The SRO cannot refuse to furnish certified xerox copy of the document. If he is denying the same, let him give his reply in writing that the records are not traceable. But he can very well confirm the registration by comparing the photocopy you possess with the register of registration held in the office.
Once he confirms the non-availability of records, you may file a declaratory suit before jurisdictional court to declare the title based on the photocopy of the documents held in your possession and the reply given by the SRO, by impleading the SRO as the respondent or you can file a writ petition against the SRO seeking the relief.
But in which high court?
Indore or Jabalpur....
How much time it usually takes when high court interferes?
Suggest alternate remedy if available.
The jurisdictional high court is to be checked with the local lawyer in your place, including the time taken and the lawyer fees etc.
About the alternate remedy in my opinion you may file a declaratory suit, consult with your lawyer and decide about it.
File an application under RTI Act to demand the documents. A writ petition can also be filed.
Madhya Pradesh HC has its principal seat at Jabalpur and benches at Indore and Gwalior, but only a local lawyer can tell as to whether the concerned district is under the jurisdiction of the principal seat or any of its two benches.
file a writ of mandamus before the hifh court. if registrar admits that original record could not be found then court will direct that photo copy of the document shall be treated as secondary evidence and it is admissible in the court.
according to section 65/77 of the evidence act secondary evidence is admissible in the court.