• Property papers missing from registrar office

I have lost my property papers during house shifting. i have some copies but no ADM/ index-2 . I have tried to trace it with registrar office but no records were found. builder too does not have a copy. no name in the computer too. we searched the books given to us by the registrar office but could not fine any data. now how do i make new papers? i need to sell this property.
Asked 8 years ago in Property Law
Religion: Hindu

4 answers received in 2 hours.

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7 Answers

1) ask builder to execute deed of confirmation regarding ale of property to you

2) it should be duly stamped and registered

Ajay Sethi
Advocate, Mumbai
97268 Answers
7856 Consultations

You have to lodge written complaint before concerned police regarding loss of original documents by my stating details of each document. The police will issue FIR. You have to apply for certified copies of same documents officially under proper acknowledgement. You also seek information about the documents under right to information act. Generally the registration authorities will have copies and hard copies of all registered documents. Your mutation papers, property tax notices and receipts will helpful. Can also request the builder for execute document.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

Hi, If you lost the documents then, you have to lodge a police complaint in the jurisdictional police station and make a paper publication to that effect and also declaration affidavit stating that you are the owner of the property.

Pradeep Bharathipura
Advocate, Bangalore
5617 Answers
338 Consultations

1`) HDFC would keep copy of home loan papers with them even after loan is closed by you

2) you can approach HDFC in this regard

3) you have rightly filed FIR of loss of original documents as well as issued public notice in this regard

Ajay Sethi
Advocate, Mumbai
97268 Answers
7856 Consultations

You can always obtain certified copy of the registration documents

from the registrar's office by applying for it. If they do not have the papers, let them commit in writing.

Missing documents play a critical role especially in the sale and purchase of property transactions. Selling a property with a missing paper is not an easy task. In case of a lost document, you will have to get a duplicate.

If the papers are missing in the registrar's office itself, then you may first obtain an encumbrance certificate and after that you can find if there is any encumbrance or transaction in this regard.

Clarify from the registrar about the next step in this regard to get a certified copy of the title document.

T Kalaiselvan
Advocate, Vellore
87471 Answers
2348 Consultations

I have already registered police complaint and have a FIR copy , I also have advertised in local newspaper, I had home loan from HDFC which I cleared in in 2002 , do they keep a copy of papers with them after clearing the home loan?

Do remember that if you keep the documents in the bank and they are misplaced, you can claim compensation from the bank. It is the duty of the bank to preserve your credentials and they can be penalized for carelessness.

Generally the bank do not keep the copies of the title deed document, however if the HDFC is in such practice they may be having the copies, you may clarify from the bankers about this.

T Kalaiselvan
Advocate, Vellore
87471 Answers
2348 Consultations

1. The bank retains only the original title deed if the mortgage by deposit of title deed is created, but still inquire with them.

2. If the bank has not retained the copy then there is no hope to get the papers.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

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