• 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 months ago in Property Law from Mandsaur, Madhya Pradesh
Religion: Hindu
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 
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
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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 
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
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. 
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
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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.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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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.
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
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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. 
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
File an application under RTI Act to demand the documents. A writ petition can also be filed. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
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.  
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0
according to section 65/77 of the evidence act secondary evidence is admissible in the court.  
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0

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