• Is release deed helpful if original sale deed and will deed is lost

I have aquired the house property by way of registered will deed from my mother and my mother expired but now i have lost / misplaced both the document. Should I file FIR stating that I have lost the document now or that i have released now they were misplaced by me.
Secondly is it advisable to go for release deed from other two legal heirs to have proper title to me for future transaction.
Asked 3 months ago in Property Law from Hyderabad, Telangana
Religion: Hindu
1) if original will is lost you can obtain certified copy of will from sub registrar office 

2) lodge FIR with local police station about loss of original will 

3)you should apply for probate of will from high court 

4) you can obtain release deed from other legal heirs if you so desire
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
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1. Yes file a FIR for the loss of the will and then apply apply for and obtain a certified copy of the sale. 

2. If you want the title to transfer absolutely to you then a release deed has to be executed by the other heirs.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
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Hi
1. First of all you should I file an FIR for the  lost the documents to comply wit the legal requirements and to avoid any future legal trouble in the next generation of your legal heirs.
2. Approach the registrar office where you have registered the WILL apply for a certified copy, then get the WILL executed by probating it .
3. The release deed from the legal heirs /siblings are the best  option if your siblings are agreeable to it.
4. If you are getting a registered release deed  to transfer the property, do also get the  certified duplicate  of the WILL  from the registrar office.
5. As long as your siblings are agreeable to the transfer and they are alive it is fine, but you need to anticipate any future legal claims of the property of your mother by her grand children in the next generation which is also very unlikely.But it is advisable to be in a safer side and secure the property iwth all sufficient legal documents of clear title. .
 
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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If the WILL was registered, get a certified true copy and keep it in place of the Original.
But legally you must report the loss of the Original WILL to the jurisdictional police, get an acknowledgement, take out a PUBLIC NOTICE  in two leading newspapers, one english and the other vernacular, reporting the loss of the WILL. 
This would suffice.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
52 Consultations
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file FIR as advised 


2) not necessary  to mention about will in the release deed 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Hi
 1. yes you should mention it in the release deed that already there was  a WILL by your mother as he wished  to give you the property.
2.There would not be nay problem in future if you file an FIR
The FIR is filed by stating that you lost it by arranging or shifting the residence or while travelling on a particular day . a specific date has to be mentioned , it could be any date before the filing of FIR  to avoid a delay in lodging the FIR after losing the documents. 
some police stations the police will ask you to give an affidavit on a 50 rupee stamp paper that you lost the document. They will take the FIR and issue a receipt, which will help you to apply for the duplicate and for any future purpose to show that the documents are missing.
The FIR formality  is for the technical and legal purpose. No future legal trouble. don't worry  
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
It is better to mention and state the details of the registered WILL in the release Deed.
In the complaint, kindly state that you were going through the documents now in your custody and found out at that time that the Original of the WILL Dt:____, was missing, and therefore you thought it necessary to lodge a lost complaint.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
52 Consultations
5.0 on 5.0
1. It should be mentioned.
2. The FIR should be simply for the loss of the document. 
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
You can lodge a police complaint about the missing will and can obtain a copy of the registered will from the registrar's office and enforce the same 
alternatively as suggested by you, if the other legal heirs are willing and ready to execute a registered release deed in yor favor, you can avail this opportunity and get the entire property transferred on your name accordingly. 
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
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1.  The registered release deed is not related to the registered will that has been lost/misplaced, hence there need not be a mention about the will in the release deed. 



2.  It is always better to lodge a complaint with the police about the missing documents so that any future litigation can be avoided properly.
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0

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