Loosing original property documents like sale deed, power of attorney, conveyance deed, agreement to sell, etc. You cannot afford to put yourself in that position, mainly because of three reasons: 1. You cannot sell the property 2. Your ownership is at stake 3. Taking loan on the property would be near to impossible. The property can be verified with other documents like Encumbrance certificate, family tree mode of acquisition of property and can obtain duplicate sale deed. As a long-term planning to safeguard your ownership of the property, following steps can be carried out when original documents of your property is lost:
1. File a police complaint immediately
You will need to file a police complaint as soon as possible, after you have realized that certain papers are missing. The FIR or first information report should be filed only by the owner of the house, stating that the property papers have been misplaced, lost or stolen. Take a copy of the FIR and keep it safely with you, as at the time of sale, buyers may ask for that as well.
2. Publish an advertisement
Once you have filed the FIR, you will need to publish an advertisement in an English daily newspaper and in any regional newspaper about the loss of property documents. Then you have to wait for the next 15 days to see if anybody finds it and returns it within that time frame.
3. File an application for share certificate
On the basis of your FIR, you can file an application for share certificate from the housing society. The authorized Resident Welfare Association (RWA) calls a society meeting and checks your proof (FIR) of loss. If your application gets approved, the housing society will charge a fee and in return issue you a share certificate. Also, ask for an NOC (non-objection certificate) from them as it plays an important role in transacting further.
4. Register with the notary
The next step is the preparation of undertaking on stamp paper about the loss of documents of the property along with the text of advertisement which was published in newspaper and the police complaint number. Documents will then be attested and registered with the notary, so that your undertaking becomes legal.
5. Get the duplicate sale deed
The final step is to get a duplicate copy of the property sale deed. For this, you have to deposit copies of the police complaint, text of the advertisement, the share certificate and the undertaking stamped by the notary to the registrar office, since all the records regarding property transactions will be kept in that office. Then, you need to pay the fees and they would issue a duplicate copy of the sale deed.
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