Lost Your Original Property Papers?

No thanks to the rise in the incidences of fake property papers and unethical businesses, prospective home buyers need to be extremely cautious and cross check relevant papers before taking a call on a property. Property papers are very important, especially when buying or selling a house. However, if, unfortunately, you lose your property papers, it is imperative you know what to do to avert disaster.

One can sell one’s property even after losing all the papers. One only needs to find relevant solutions, with the procurement of duplicate property papers being the final solution. In case original property papers go missing, it is highly advisable to obtain duplicate papers, which are especially vital, in the case of home loan applications.

Procedure to be followed in case of loss of papers:

• File an FIR

Before applying for duplicate papers, a person should primarily file a police compliant regarding his/her lost, stolen or missing original property papers and obtain the complaint copy for future reference. An FIR should

also be filed if a bank misplaces documents in relation with mortgaged property. If you are a buyer, it is your legal right to ask for related property papers from your seller.

• Publish an Advertisement

In addition to filing an FIR, a home owner needs to publish an advertisement regarding lost or missing property papers in local and English newspapers. Likewise, a buyer can also put up an advertisement, asking the claimant of the property to contact him/her regarding the property papers, but within 15 days of the published advertisement.

• Property Registration

A house owner, on the basis of the FIR, also has the option to apply for a duplicate share certificate from the housing society. Subsequent to this, the housing society can share this certificate application in the society meeting. A positive consensus on this matter can lead to the issuance of a duplicate share certificate to the owner, after the payment of a certain fee.

NOC is another important document that both the home owner and buyer are required to possess. In the absence of this document, it will be difficult for the buyer to get a home loan from banks/lenders.

Subsequent to the above procedures, a home owner needs to get an undertaking regarding his lost/missing original property papers on stamp paper. The undertaking should include property details, FIR number and a version of the published newspaper advertisement, along with a letter confirming that all the details given in the undertaking are correct. The owner should get this undertaking registered, attested as well as notarised by an attorney.

• Procuring Duplicate Copy of Original Sale Deed

A registrar’s office maintains the archives of all property transactions in its authority. To procure a duplicate copy of the original sale deed, an owner has to visit the registrar’s office. For procurement, the owner has to submit police complaint copies, the newspaper advertisement, share certificate obtained from the housing society, and also pay relevant charges. Upon this, a copy of the original sale deed will be given to the owner.

In case the property is old, it is highly recommended that one obtains a title report of the property document from the deputy registrar’s office to confirm that the said property is hindrance-free