All of us deal with different types of documents on a regular basis. These documents can be your PAN card, Aadhar Card, Passport, Academic Certificates, Investment Documents (share certificates, Bonds etc), ‘Property Documents’ like Sale Deed, Mutation/Khatha Certificate etc.,
Losing or mis-placing any of these documents can have both monetary as well as non-monetary affect. Mis-placing the documents is not very uncommon.
But, what if you mis-place an important document like Sale Deed of your property and never found it? We all know how important Sale Deed is.. A sale deed has almost all the details required to carry out the purchase or sale of a property. Most importantly the sale deed would require the Owner to certify that the property under sale is free from any encumbrance and without any lien.
Without it, it is a daunting task to sell/buy a property and it is also very difficult to take a home loan on such property.
There are few instances where even Banks or lending institutions have misplaced the original documents of the property.
In this post, let’s discuss – How to get a certified copy of lost Property Documents like Sale Deed? What is the procedure to get duplicate Sale Deed? Can a property be registered if the seller does not have an original Sale Deed? Can anyone apply for a copy of Sale Deed of a property?
How to get a certified copy of lost Sale Deed? How to get Duplicate Sale Deed?
Losing sensitive and valuable documents like a Registered Sale Deed can happen to anyone. So, what is the procedure to obtain a copy of lost Sale Deed? Below is the checklist of what you (owner of the property) have to do in case if you have misplaced the original property documents;
- File a police Complaint immediately:
- The first thing you need to do is to file FIR (First Information Report) in the nearest police station where you have lost your property documents.
- Kindly note that only owner of the property has to file FIR, stating that the property papers have been mis-placed or lost or stolen. Do give your Mobile number when registering the FIR so that you can track its status later online.
- You are advised to save a copy of the FIR for future use. The prospective buyer(s) of your property or bankers may ask for it in the future.
- Kindly note that the Supreme Court has recently ordered all Sates & Union Territories’ police departments to upload First Information Reports (FIRs) on police or government websites, within 24 hours of their registration in police stations. So, once you file FIR in any police station, you can view the FIR details and its Status online. For example; Below is the screen-print of Tamilnadu Police Dept portal home page.
- Apply for a Certified Copy of Sale Deed :
- You have to visit the Sub-Registrar office (SRO) where the property is registered and make an application to get a certified copy of Sale Deed.
- The Registration office has the scanned copy of your Sale Deed with them. But, they will generally not give a certified copy immediately.
- They will ask you to publish an advertisement in National and regional (local) newspaper about the loss of property documents (Sale deed).
- Place an Advertisement :
- You have to publish a ‘Lost & Found’ advertisement in both national and local newspaper, clearly mentioning the details of the lost Document and your contact details.
- It is a statutory requirement to publish an Ad. In certain cases, you may have to produce an affidavit or FIR to the newspaper agency before placing your Lost & Found advertisement.
- Below is a sample classified Ad;
- Remember to keep a copy of the complaint as well as the press clippings with you as proof of loss.
- After publishing the Ad, you may have to wait for 2 to 4 weeks to see if anyone finds your property documents and returns them within the stipulated time that you have mentioned in the AD.
- Prepare an Affidavit and get it Notarized: Even after waiting for say 10 to 15 days, if you do not find the lost documents, you can get an Affidavit prepared on Stamp paper. You have to clearly state the details of the lost sale deed & other documents, and sign the under-taking. You can attach the police FIR document and the copies of newspaper Ads to this Affidavit. The undertaking needs to be attested and registered with a Public Notary.
- Get the Duplicate Sale Deed from SRO: You have to pay the prescribed fee meant for this purpose at SRO. Enclose the police FIR document, copies of Ads & Affidavit along with the application for copy of Sale deed. The staff at SRO will verify these documents and issue you a legally certified copy of Sale Deed. Thereafter, certified copies of the Title deed are used as substitute for the original.
Property Documents lost / misplaced – FAQs
Below are some of the FAQs related to this topic;
- I have taken home loan and my Bank has mis-placed the original Sale Deed, what is the procedure to get duplicate Sale deed?
- Submit a written complaint to the bank and keep a copy of their reply with you.
- Register an FIR with the police against the Bank.
- Publish news-paper Ad.
- Get the Affidavit done by the Bank about the lost property documents.
- Do apply for encumbrance certificate to check if everything is fine with respect to ownership and mortgage details.
- Get the duplicate certified copy of Sale deed through your Banker/lending institution.
- You can ask the bank to bear all the associated costs.
- Can I buy a property without original sale deed? – If the deal is good and you do not want to miss buying such property, you can ask for the Certified copy of Sale deed, Police FIR document, copies of news paper Advertisements etc. from the Seller/owner of the property. Do take the latest EC to check for any discrepancies. Kindly take legal opinion and help from a civil lawyer before taking final decision. (Read : ‘All you need to know about EC‘)
- Can I get a Home loan if original Sale deed is missing? – Certified copy of sale deed can’t replace the original deed when it comes to raising loan over such property. Banks may ask for the Police FIR, certified copy of sale deed, affidavit etc., before issuing home loan.
- My Property is in Society or maintained by Association, do I need to inform them about the loss of property documents? – Yes,you have to inform them and also get NOC (No Objection Certificate) from them.
- Can anyone (non-owner) apply for a copy of sale deed? –
- There are conflicting views on this. I believe that as the documents registered at SRO comes under Public domain (except WILLS), so anyone can make an application for copy of Sale deed details at the concerned SRO. However, you may not get a certified copy.
- You have to give details like owner’s name, document number, property schedule info etc., to get copy of sale deed.
- Some states do provide Sale Deed details online (not copy of sale deed but only details of the Registration. Until last year, the AP registration dept used to provide copy of Sale Deeds online). For example – below is the screen-print of AP registration dept website, where-in you can get the Sale Deed or Registration details online. (Kindly click on the image to visit AP Registration dept portal)
- Some sub-registrars may issue copy of Sale deeds to the owners of the respective properties only, in such a case you may have to file an RTI application and get the required details.
A sale deed is one of the most valuable legal documents in the purchase or sale of a property. You might have genuinely lost or misplaced the property documents. But, don’t take this lightly, kindly file FIR immediately. Apply for the Certified copy of Sale Deed at the earliest. Be prepared to spend your time as well as good amount of money to get this done!
I hope you find this post useful. Do share your comments. Cheers!
Continue reading :
- Checklist of Important Property Documents in India | Legal Checklist for Property Purchase
- All you need to know about Property Encumbrance Certificate (EC)
- PAN Card Lost or Damaged? | How to get new PAN Card online?
- Unclaimed Bank Deposits – Search, Find & Reclaim
(Post published on : 25-November-2016) (Featured Image courtesy of Stuart Miles at FreeDigitalPhotos.net)
Dear sir me and my cousin is planning to buy property . Bank is asking will after disbursement of loan one person will get original doc.&one will get True copy .
Q.is there is any consequences happen when person with true copy can sell the property. Without original sealded
Hi. kI am an NRI living in the USA. Back in 2006 I bought a flat in Kerala. I paid the full amount and so I have no loans outstanding. This flat is in a society and every month I pay the property tax and maintenance fees. Unfortunately, I cannot find the original sale deed. I do not have any relatives in Kerala to do any of the leg work. What are your thoughts on hiring an attorney to procure the sale deed? Do you know any reputable ones, and how uch would it roughly cost?
Dear Sam,
Yes, you can hire any trusted (local) civil lawyer and get the True certified copy of the Sale deed.
I was hoping that you or any of the readers could provide me with some reputable names. As I mentioned, I do not have any contacts in Kerala.
Dear Sam.. Same here, no contacts..!
Hi Sam , you can contact at 9088861760 for your matter
Sam , please add country code that is 91 before dialing my no 9088861760 for your matter .
Hi , this is Sukumar here , working as a legal service provider and property consultant. Please contact for any legal service or property matter to 9088861760
If I have to file a complaint to police on sale deed missing/lost .which juridiction i have to file? Present staying addresss or place where property located?
Dear Sir, Sub-Registrar’s ofice says that those who lost the documents should get
get non=traceable certificate from the Police in addition to fiiing complaint. has this certificiaite been dispensed with?
thanks a lot
kgovindan
Hi, my cousin bought a property from a society long back in 1982 and the link document provided by society are Xerox copies…
Now my cousin is planning to sell his property, should he take certified copy of linked documenrs? Will buyer asks for that
Dear Satish,
Yes, prospective buyer(s) may ask for the link documents..
Hi..want to sell my property but cant find my house property aggrement..misplaced it..how do I get the copy..urgent.and from where? Registration offc will provide me the copy ?please need help
Hi,
What document is missing? Sale agreement or Title Deed?
Yes, you can get a true certified copy of Sale deed from the concerned Sub Registrar office..
Sir my dad have buyed site in Bangalore in 2007, we did not take a sale deed from whom he buyed can, can i get a copy of sale deed
Dear Bharath,
You may kindly refer to our FB conversation!
Am an NRI and willing to buy a land though by dad is the finger print doc has to be original hard copie or scan copie should go good?
Dear Prathima,
I believe that it needs be in original (can vary from state to state).
SIR,
I had purchased a plot in 2002. when I checked up for documents, Absolute sale deed and sale agreement documents are available with me. Title deed is misplaced, not able find it. KINDLY ADVICE ME TO GET IT.
Dear Dev,
Kindly visit the concerned Sub-Registrar Office and apply for a certified true copy of title deed.
I Have Sold my property to X and the original sale deed is with him. I have lost the duplicate copy of the sale deed. Can i apply in sub-registrar office for the same sale deed
Dear Aysha..Instead, if possible, you can ask for the photocopy of the document from the new owner??
The sale deed of my property is destroid by white ants. How should I proceed?0/
I have a photo copy.
Dear Mr Kansal,
Kindly visit the concerned Sub-Registrar office and apply for a Certified True copy of Sale deed.
Hi sreekanth, the blog has good information for the users which is generally not available in public domain. i lot my khata documents and would like to apply for a new copy as i’m gong to perform a release deed. please suggest on what needs to be done. thank you in-advance.
Dear vijnan,
You can apply for copy/duplicate Khatha certificate from the concerned Civic office (ex: BBMP) and can also apply for a Khatha extract..
Hello sreekanth ji ,
My brother has lost the original papers of his property . But he immediately done the true certified copy of the documents .Now he is in financial problem and wants to take a loan on shop.My question is ” can any bank give him loan on that true certified copy .? Or where can he done the original papers again..? Please help me with the answer.. please..
Dear Anuja,
Kindly refer to our conversation in FB Msngr..
Hi srikanth..I wanna contact you..Pls leave me ur mail id or mobile number
Dear Suresh,
May I know this is regarding??
You can reach me through the ‘Contact us’ page form..
My father has a property in his name but his brother has the documents and is refusing to give us the documents since he wants the property for himself…some of our relatives and friends suggested to get a copy of the document from the register office…but the problem is…..my father cannot remember the year of registration and we do not have the document number..all we have is the survey number..but we were told survey number cannot be used to get a copy of our document..is there any other way to get a copy of our document?
Dear Shaji,
1 – Suggest you to kindly apply for Encumbrance Certificate (at Sub Registrar office) for this property. You will get the Property document and the current owner details in the EC.
2 – You may then apply for the True certified copy of Sale deed .
Your uncle might be just threatening, so you may just ignore his deeds.
You can take help of a local surveyor to get property Schedule details.
Related article :
* What is EC?
thanks for the reply…as you see we also tried to get the encumbrance certificate..but the sub registrar said they needed the tax receipt and the document copy to apply for the EC..and when we tried to pay the tax they said the original documents were needed to pay the tax [but that is the major problem here we don’t have the original documents or the copy]…..when my father first bought the property long back he got a job in chennai so he transferred there…before leaving to chennai he handed the documents to his brother..so we don’t know if my uncle paid the taxes for that property and even if he did pay the taxes there’s no way hes giving us the tax receipt just like that…
Is it possible to apply for EC with just the survey number?
Dear shaji,
I believe that sub-registrar is mis-leading you.
Property tax can be paid without original document if you have property details.
EC can be applied if you have property details (survey number, property schedule etc.,).
Suggest you to take help of a local Surveyor to get these details and then apply for EC.
Contact 9700903554 I will find your documents easily.
I have a commercial property in father’s name( father expired 10yrs back leaving a will which is not registered). Now I want to get to know sale deed papers as I am looking to sell property ( which is lost do not even have document number)for which
1) what is procedure to get to know sale deed details initially to be aware whether property is registered in father’s name)( aware of process of certified copy)than how to go about changing name in sale deed in my name
2) I have one brother who was paid in cheque for his share of property).so I am worried can he create problem by saying I have share in property as still property tax in dad name
3how to go about getting name changed in property tax in my name(
Dear Chandresh,
Did your father mention the property details in the WILL?
1 – Suggest you to kindly apply for Encumberance Certificate (at Sub Registrar office) for this property. You will get the Property document and the current owner details in the eC.
2 – You may then apply for the True certified copy of Sale deed .
3 – Submit a copy of Father’s death certificate, WILL, EC, Sale deed etc at local civic body Revenue office (Municipality/Corporation/Panchayat) and get the Property mutated in your name (if you are the only legal heir or as per the WILL).
Is the property self-acquired by your father? Or is it an ancestral property?
Related articles :
* What is EC?
* What is Mutation of property?
* What is an Ancestral property?
Hi sir,
I have papers of my property in Delhi from 2007 to 2014 ,I bought it in 2014, now I am trying to sell it but don’t have previous chain from zaminder until 2007, how to obtain it?
Everyone is asking from that time, is it that important?
Dear Rajesh,
Yes, from the prospective buyer’s view point, it makes sense to go through the Link documents..
You may visit the concerned Sub Registrar office and may try applying for Certified True copies of previous Link Documents.
You may also take EC for the last say 30 years or so to know how ownership has been transferred over the years..
Kindly read :
* All you need to know about Property Encumbrance Certificate (EC)
* Checklist of Important Property Documents in India | Legal Checklist for Property Purchase
Hi Sreekanth, my father in law passed away 3 years ago and now my mother in law wants to sell their flat. But we only have the Xerox copy of the flat deed and not the original one. Since it was in my father in law’s name, we wanted to transfer it to my mother in law’s name. Could you please advise on how to proceed in such case? Can my mother in law follow all the above mentioned process? If yes, what documents would be needed?
Dear Eshita,
Has your father-in-law left any written WILL? May I know if this property was self-acquired by him? Is your mother-in-law the only legal heir for the property?
Yes this property was self acquired by my father in law, he didn’t had a Will but a succession certificate has been acquired from the circle officer. My mother in law and all her children are mentioned in this certificate.
Dear Eshita,
All the legal heirs who have the right on this property (as per Succession Cert) can get the property MUTATED on to their names.
Have to submit copy of Death certificate, Succession certificate, clear property tax dues (if any), copy of Sale deed etc., at local civic body office (Municipality/Panchayat/Corporation).
The legal heirs can also apply for a certified copy of Sale deed at concerned Sub Registrar office.
Related articles :
* What is Mutation of Property? How to apply for Mutation of Property?
* Nominee Vs Legal Heir : Who will inherit (or) own your Assets? | Importance of WILL
* 5 ways of transferring your Immovable (or) Real Estate Property
* Sale of Inherited (or) Gifted Property & Tax implications on Capital Gains
Dear sir
Shared property while going home loan link document out of three haveing 1 originall
Remaining 2 xerox its workout for disbursement loans
Please help in this case
Dear Arvind,
Do you mean to say that you do not have the originals of two previous link documents?
Sir
Out 3 links original having 1 with me remaining 2 original with my friend ( plot purchased equally done individual sale deed)
It’s xerox of workout for
Home loan legal process
Ok..What is your exact query??
Srikanth sir
Color Xerox of links documents eligible for
Home loan Or not
Dear Arvind,
Most of the banks ask for original property documents. But, some banks do accept copies of previous link documents.
Kindly note that you can get True certified copies of link documents from the concerned Sub-Registrar office by paying fees. Can take help of a local real estate agent to get this done!
Thank you for reply Srikanth ji
Hi can u help with unregistered flat of 1998 ,seller expired son alive ,buyer can register now .society good . procedure to follow .
[email protected]
Hi,
You may kindly consult a Civil lawyer..
Hi sreekant,
I bought a property 3 months back through a broker.after checking xerox copies of parental documents and EC,property been registered.now applied for home loan and the bank advocate found a missing document from the originals.owner X have sold to me and i have those.but before that X acquired from Mr.Y, and that document is missing.also,parental documents before Y are available.
I think the broker have mislead us and sold this property.
Need your kind advice in this regard.
Hi Sreekanth, My parents have took loan from SBH now SBI, when we asked the Bank about the documents they are saying that they could not find the documents, its been a year we are following up with the bank.. what is the process to get our documents.
Dear Rakesh,
Suggest you to esclate the issue with higher officials at Bank or through Ombudsman of the bank.
Kindly go through this article ..
Hi Mr.Reddy, After the death of my parents we can’t find the flat agreement and also the share certificate(assuming misplaced/lost) where we are currently living .There is no will made by my parents but we do have a nomination in the society records.The society is asking us to transfer the apartment in our names (my sister(not married) and me) . What is the procedure to get the required documents and transfer the name .
Dear Bijon,
Do you mean to say that registered Sale Deed has been mis-placed??
Call me 9700903554 we can get your documents.
I have ancestral property and the papers are with another heir who is trying to sell it. I do know the address and the PID. How do I get copy of sale deed, EC so that I can stop the sale? I just got to know from an acquaintance that sale is imminent and a land dealer with political clout is involved.
Dear Kant,
An ancestral property can not be sold without the consent of all the legal heirs.
In whose name the property is??
Related article : What is Ancestral Property? | Definition & Important Legal rules
hi sreekanth, it is in the name of my grand father -so correction its inherited property and not ancestral. I actually visited the site and there is construction going on. but without documents I am not yet able to do anything
Dear Kant,
May I know if your parent(s) are ok with this Sale?
Based on the address of the property and PID, you can get EC, that’s not an issue. EC can be applied by anyone.
You can also apply for a True certified copy of Sale deed at the concerned Sub-Registrar office.
Parents not alive. I do not have any other papers and supposedly I need sale deed and khatha extract to file any kind of complaint
Dear kant,
Not necessarily, as a legal heir, you can file a legal case against the sale of property. Suggest you to kindly consult a civil lawyer..
Is true copy valid or not prepared against lost document in subregister office
Pls answer to me
Dear Zaina ..A true certified copy is a valid document.
How important is EC
Dear Zainab ..You may kindly go through this article @ All you need to know about Property Encumbrance Certificate (EC)
Sir hamne ek flat dekha hai home loan approval ho Gaya seller ka original property paper missing ho Gaya o polic FIR Kiya hai news paper me diya hai ragistar office se paper Nikal k de Raha to loan ho jayega ki nahi future me kuchh problem ho sakta hai kya sir pls help me
Dear Lal,
If this is a genuine case then there should not be any issues in the future.
Some banks may hesitate to give loan based on Certified copy of Sale deed.
Hi my name is hemanth
Recently we sold the property which is 12.5 cents plat nos 50 51 52 53 54 buyyer had undergone with the agriment alredy now they are telling that the 54 plot is dable registered so we have taken EC from past 1983 then now it showing only plot no 54 is registered to some X person but the bounderies are different from my plot to X persons plot.so we go through the link document in that they mentioned in 3.45 acers above 2.75 acers they have taken from y person in that 2.75 acers assume I had taken the property from z person.z divided the plots in that 2.75 acers z person bought property from y person on 1994 7th month and X person bought the 54 plot on 1994 6th month from y person is it double register are not please let me know if u give us r number I can contact u my number is 8050224898
Dear Hemanth,
Kindly consult a local surveyor and civil lawyer.
The builder has sold the property on an agreement of sale is it a sale deed
Dear Pat,
Sale Agreement is not a Sale Deed.
Related article : 5 ways of transferring your Immovable (or) Real Estate Property
Dear sreekanth ,
My dad had taken a loan for a flat for 20 yrs in a tripartite agree ment with in 2015 and got possession in 2017.nNow while internal audit of bank ..it says that they do not have the sale deed of our house and suggesting the buildet had not submitted them ..and asking for his bank acknowledgment for receiving doc from him..though they have relaesed all the loan amount to builder in 2017 itself..Now what should be our next step against this ?
Also if we make certified documents can the property be transfetef from my father to me making me the original owner allowing me to sell the property
Dear Ajit,
Has the property been registered in your father’s name while taking bank loan or was it an under-construction property then?
Thanks for replying..It was under construction at the time of loan execution…we took loan on 31 march 2015 and got possession on 2017…sir what should we do really confused?
Dear Ajit,
May I know why the registration of property has not yet been done?
You may contact your banker/lender, they will guide you.
Sir registration was done in july 2017..and given to builder to submit to the bank..bank calls last week says that they do not have original reg documents
..builder says i have sent slall documents but does not have acknowledgement of giving the documents in bank…bank has already released all the money from the loan and given to builder..now what should i do about my documents that are lost ?
Dear Ajit,
Looks like, either your banker/builder are misleading you. If the registration has been done, I am sure banker would have asked for the registered sale deed (original) before sanctioning the loan amount.
I am surprised that you have not taken the acknowledgment from the banker.
Suggest you to speak to your banker in person again. In case, the sale deed is lost, you may have to apply for True certified copy as indicated in the above article. You can also take help of your banker/lender in this regard.
Dear sreekanth
Is there any way to get copy of lost will of parents?
Dear Mr.Singh,
If the same has been registered at Sub-registrar office then you can get it at SRO.
Hello
We lost a property document (eaten by termites) which was registered in the name of our expired father ..There is legal heir certificate..What are the procedures to be followed next..
Thanks in advance
Bessie
Dear Bessie,
Kindly file an FIR at the concerned Police station. The legal heir(s) can go to the Sub-registrar Office and apply for a Certified True copy of the Sale Deed.
Hello Mr.Reddy,
I have bought a property where the vendor gave me all the link documents(3 documents) It was a agriculture land made into plots, sold to person 1,he sold to person 2,and to person 3, I am the 3rd person, but I lost the 1st original document. If I want to get the duplicate copy of the lost document, who has to file the FIR, as the present document is on my name, may I lodge a complaint or the respective 1st person has to file the complaint?
Dear Mallik,
As you are the current owner of the property, you can file FIR for the lost mother deed document.
You may also try getting a true copy of this document at Sub registrar office by paying some nominal fee (sometimes, they may not insist for FIR, as you are the current owner of the property).
Suggest you to take latest EC and carry it when you visit SRO.
Hi I resides with my father which is cooperative society from last 20 years. My father have true copy of sell deed and all society house handover docs, other original doc’s but can’t get original sell deed. I found sub registered notice of some tax pending. Is it with them??
Dear Hiral,
Are you referring to property tax payable to local civic body?
Sir we have buy a house 8 years and we don’t have sale deed and we to registered a house so we can registered our house without sale deed
Dear Arshad..I am unable to understand your query..you may kindly re-phrase it!
I recently sold my property. The buyer hasn’t given me xerox copy of the sale deed. Now I need a copy of sale deed but buyer is not giving the same. As a seller can I apply for duplicate or xerox copy of the same. I need it for taxation purpose only.
Dear Sam.. I believe you can apply and get a certified copy of sale deed from the concerned Sub Registrar office. Kindly check with them and do update the status here!, will be useful for all of us!
Respected srikanth reddy garu , Namaste
Aunti of my relative transferred her house property to her . But original transferred deed lost. Xerox copy is only available . She requires original deed to sell the house. Kindly
Advice for getting original dee .
Dear Krishnamurthy ..Kindly go through the points given in the above article.
Hai all..
My aunt has expired by last 4 months..She is unmarried and have no childrens..She was working as a teacher previously and got retired in 2002 and invested the her full pension amount in buying two flats..
Subsequently she also wrote a will in A4 sheet paper , single flat will go to her one of own brother’s grandson who is 12 year s old and another flat will goes to her another own brother’ s son who is 28 years old, 2 witness has signed in the sheet , ..After her demise, we lost the original property documents of flat and original will (A4 sheet written,,)
Now we are planning to register the flats to respective will mentioned names of 1) Grandson (who is 12 years old) and 2) Son (28 years old), we have a copy of A4 sheet written will, we have death certificate..
..How to do go about for registration.. Please guide us in this regard
Dear Sakthi,
This is tricky situation.
Suggest you to kindly consult a civil lawyer.
There are some attention-grabbing points in time in this article but I don’t know if I see all of them heart to heart. There’s some validity but I’ll take maintain opinion till I look into it further.
I am trying to sell my house. The agent is asking us to do the registration with the buyer. The buyer will give us a portion of the amount to clear the loan and get the Original document from Bank. After that once we have the original document then at the time of handover of the document the rest of the money will be given.
I am worried, but the agent and few more people said that sometime the registrations can be done with the 5% of money also. This safe guards the buyers interest too.
1) Can the buyer do registration without the original sales deed which is with bank
2) Can there be a quick legal implication on the buyer if the remaining amounts are not paid.
Dear Reema,
1 – No. One needs to clear the loan outstanding and get the sale deed released.
2 – Both of you can enter into Sale agreement and mention clear Terms & conditions on how/when the remaining amount has to be paid/received.
Thanks for your reply.
My agent is saying that the registration can happen without the sales deed. He is saying the buyer will pay the loan amount and after that we can do registration. Meanwhile we can process the documents with the bank. Once the document is out then one hand the buyer will give us the remaining money and the other we will give the sales deed.
Dear Reema,
Your agent may be mostly saying about registering the ‘Sale agreement’ and not the Sale deed. If so, then it can be ok to go with..
Certified copy is something that Sub Registrar issues to anybody who has the document number. Mere presence of newspaper advertisement and police complaint may not really help because there are many dailies, and the person who may have found the document would still be in better position to create a contrary title. There should be a remedy such that Sub Registrar on being convinced that the document is lost, and there is genuine reason to issue a certified copy …mentions that this certified copy is different from others because it has been created based on affidavits and indemnities given to us for issuing it. Thereafter, the software should mention that a duplicate has been issued to ensure that nobody enters into any contract in respect of the property even with original document, except the people who have the duplicate or legalized certified copy. Sub registrar needs to mention it in his hand, and the software needs to show it like that. Because of such flawed way of doing things, we end up fighting in courts for years at a stretch and use up court’s time, which is simply inadequate to for this size of population. Time we rectified our procedures, don’t you think?
Dear vandana,
Yes, may be the SROs can show/report the issue of Certified Copies in a report or in ECs, available in public domain.
Or …cancel the original sale deed, and issue the duplicate in respect of it..with added word D. That way if anybody wants to enter into contract with the person holding the original sale deed, becomes alert as EC would show that old sale deed does not exist.
There are ways…..but the problem in this country is ..people want bribes. The guys reaching those ministerial posts do not understand the issues and in any event, they would like to take advantage of such loopholes.
Pity we only make the situation worse for our children.
Dear vandana .. Cancelling the Original Sale deed can be a risky affair..this provision again can be mis-used.
Anyways, thank you for sharing your views. Keep visiting ReLakhs..
Our neighbour, an old ailing widow (aged 80+) living in a three storied building. The house is built by a promoter and the flats were purchased by other 13/14 flat owners. The promoter did not handed over the Registered sale deed to the widow. She does not know any details of the Registered Sale Deed.
Last year , the widow made a Deed of Gift of her said flat to her daughter . The flat has been registered in her daughter’s name.
The daughter now wants mutation of the flat in her own name.
She approached the Kolkata Municipal Authority . The Form A-42 filled up,. The Mutation Deptt. asking for the Xerox copy of the Sale deed .
Now our questions are:-
(A)Whether a true copy of the registered sale deed can be obtained from the SRO?
(B) Whether FIR and/or Ad in the Newspapers are required for obtaining true copy of a Registered Sale Deed?
(D) What is difference between Certified copy of Registered Sale Deed and True copy of Registered Sale Deed.
Thanking you.
Dear Swati,
1 – Yes, can be applied. Firstly, you may check the Encumbrance Certificate details, this will show if the property is actually registered in her name or not. If the property is in her name, you can apply for a True copy of original sale deed.
2 – Some Sub Registrar offices do give the copy without any FIR and all, but if they insist then you may have to publish an Ad. If possible, do try to check if the promoter can now give the original Deed to her..
3 – I believe that its One and the same.
Lost my sale deed .. Its in my father’s name. And i don’t have any information about the land area like survey number, address, etc. I just know it is located in sevva pettai. So how can I get a copy of sale deed?
Dear ammu,
If possible, try checking with your father.
Else, you can get more details at the concerned Sub-Registrar office.
My mother is the owner of the property. All the recent document like the sale deed, etc is available but the mother deed is not seen. Do v need to apply for only the certified copy of the mother deed or go with the process of filing the FIR,etc?
Also, can my dad apply for the certified copy of the mother deed on behalf of her?
Dear Geet ..I believe that your mother (owner of the property) has to apply for it.
Suggest you to first visit the concerned Sub registrar office and inquire.
I have observed that some SROs issue certified copy to the current owners without filing FIR and all..so you may first try checking with SRO..
Hi Srikanth, your website is very nice. My husband left me and my kid. He has a lot of properties in Hyderabad and in different places. I don’t know document numbers ,only I know address. How can we get evidence of all his properties to submit in court.
Dear Veena..May I know who has the access to all the Original Documents??
My husband only, he left us and remarried someone else. He applied for divorce and we need to prove in court that he has properties in multiple places.
Dear Veena ji,
Suggest you to consult a trusted Civil lawyer. Based on addresses of properties that you have, you may apply for Encumbrance Certificate from Sub-Registrar office.
These ECs have the current owner details.
Good article , thanks and we would like more! Added to FeedBurner as nicely
If I sell my house in May 2017, do I have time till November 2017 (i.e. 6 months) or till 31st July 2017 (i.e. latest date for filing tax returns of FY 2016-17) to invest sale proceeds in buying a new house in order to save on LTCG Tax?
Dear Kishore ..Kindly read: How to save long term capital gain taxes on sale of property?
My wife has purchased a house worth 6L in year 2008.The sale deed has been misplaced. Yet the said H is not transferred to her name. Please guide
Dear Srinivas ..What has been not transferred in her name?
Hi Srikanth – this is a nice information. I lost my sale deed (actually my mom is the owner of the property) and wasnt able to file an FIR as i didnt know where i lost it and realized late after searching all over my place. But then when i have been to Sub Registrar office and requested for a TRUE COPY – they have given with the Sub Registrar Sign and SRO Stamp. Thereafter i checked with many people that i know about this and many of them confirmed that the TRUE COPY should be good enough to sell the property .. please confirm ?
Dear Amit,
It can be good enough to Sell the property.
But some prospective buyers might ask for FIR complaint number.
When did you lose the sale deed? Suggest you to file the FIR, may be it is not too late to do so.
Dear Srikanth Reddy
Nice to know you give advice and suggestions especially in matters of loss of sale deed documents. I am a retired person and last year during July 2015 I lost my Sale deed documents and accordingly I filed an FIR . An FIR information report bearing the complaint number was issued.
I also obtained a certified copy of my sale deed from SRO.
I want to sell the site now. Do I need to put an ad in local dailies regarding loss of sale deed documents and if so is there any format of the ad .
Please advice .
Regards
M.T.Parthasarathy
09448850467
Dear Parthasarathy Ji,
Generally, it is advisable to give Classified Ad before applying for Certified copy of Sale deed.
But still I believe that you can go ahead and give Ad about missing document.
As you have already got the certified copy of your Sale deed, it all boils down to if prospective buyer(s) will accept the copy or not.
Thanks for ur advice its work like magic