1) file police complaint about loss of original sake deed
2) issue public notice about loss of original documents
3) obtain certified copy of registered sale deed
4) you cannot create new original sale deed again
Reregistration of sale deed
I had executed a sale deed with my wife on buying a flat in Bangalore from a property developer 1o years ago. Recently I decided to sell the flat to another interest party at a negotiated price. At that time I found that I did not have the original sale deed and only had a copy of the sale deed. When I mentioned it to the potential buyer, he apparently checked with his lawyer and advised that he cannot proceed with a sell agreement without an original sale deed being present. I therefore had to decide not to put the property again in the market until the issue is resolved. How can I get the sale deed registered to create a new original deed again? I did consider duplicate deed, however it will be same as the original deed.
Asked 4 years ago in Property Law
Religion: Hindu
18 Answers
The last sentence should say " I did consider obtaining a duplicate deed through the Sub registrar office, however , don't think it will be legally considered same as the original deed. If an original sale deed cannot be recreated and re registered, are there other options to register a new document? Am happy to incur any government charges involved, if necessary."
Asked 4 years ago
You can request seller to execute deed of confirmation of sale of property
it should be duly stamped and registered
1. You can obtain a certified copy of the sale deed from the jurisdictional Sub Registrar's Office in which it was registered. Certified copy is as good as the original sale deed.
2. If you have lost the original sale deed, you have to lodge a Police complaint and then publish a Public Notice in English and in local language newspapers to prevent its misuse.
3. You can sell your property to a potential buyer after following the procedure mentioned above.
The property, if already registered to your name by a registered sale deed, then you cannot get it registered once again.
You may have to give a complaint to police about missing document, get the complaint registered and a non traceable certificate, prepare an affidavit and get it published in local newspaper, then apply for certified copy of the registration document which should suffice the requirement for sale of property.
Please remember that you cannot get the property registered once again.
You may have to follow the procedures for obtaining certified copy of the registration document as suggested in my previous post
Thank you for your advice. The issue here is any potential buyer should be comfortable with the ownership documents rather than just showing that the process to obtain a duplicate has been followed. Since the recent potential buyer rejected the duplicate ( certified as true copy by the registrar office) presented, am afraid any future byers will do the same. So as an alternate option, would like to seek advice if creating a "Relinquishment deed" (by asking my wife to relinquish her share) or a "Gift deed" (to a family member) and then registering it so that then the future buyer will see the legitimacy based on that document?
Asked 4 years ago
It is not necessary that other buyers will do the same
creating relinquishment deed or gift deed would not solve the problem
your best option is to ask seller to execute deed of confirmation
The production of original parent document is essential for the vendor.
If necessary the vendor can give an indemnity bond to indemnify the loss in future if there arises any loss or litigation in this regard.
The relinquishment deed will not solve your purpose or problem.
Thank you again. By executing a deed of confirmation by the original seller (in this case the original flat builder, presume) will it give absolute guarantee to the potential buyer that no one else will come and make a claim to the property after he /or she buys it from current seller? That is the risk factor which creates hesitance on the buyer part, is not it?
Asked 4 years ago
There is no guarantee. There is apprehension in mind of buyer that seller may have mortgaged the property by deposit of title deeds.
2) if buyer purchases the property he does not want hassles tomorrow that third party may claim the property on basis of sale deed executed by the original seller
3) registered deed of confirmation creates presumption that you have purchased property from seller
You made a good point about potential buyer doubts that the original document could be under a mortgage. Wondering if there is a system in India to do a search on the property and confirm there is no mortgage on the property? It is a common search done in western countries by the solicitor before registration.
Asked 4 years ago
Buyer can take 30 years title search to check whether tile is clear and marketable
if property is mortgaged title search would reflect the same
You are getting confused by thinking too much of technical terms.
How will the builder execute a deed of confirmation if a registered sale deed was already executed by him 10 years ago.
Confirm if you had the property by registered sale deed or not.
If yes then deed of confirmation without the original sale deed will not solve the purpose.
Deed of confirmation will confirm the sale but it will neither replace nor compensate the original registered sale deed.
Don't get misguided by adopting unnecessary procedures, or you can decide which you feel would be better for you.
Hi, you can lodge a Police complaint that original Sale Deed was lost and you need to make a paper publications in the News Paper and you need to swear an affidavit stating that original was lost. These process are sufficient.
2. After doing the above you on the basis of the Certified copy of the Sale Deed you can sell the same to the prospective purchaser.
In India also there's a practice of giving an application for title search to the concerned registrar
But you can't get the details of mortgage with private financiers if they have not registered the mortgage deed.
Hence the buyer will insist on the production of original registered document
You can't reregister the already registered deed. You can get the certified copy. You can send her to give you the sale deed if Ownership belongs to you
1. You shall have to find out where is the original sale deed from the said property developer.
2. Potential buyers will refuse to buy your property without having/seeing the original title deed since it will be considered as highly risky as the said original title deed can be deposited with any bank to create security interest/mortgage on the said property while taking loan.
3. In case of being default in making repayment of the loan, the lending bank will take possession of the said mortgaged property to sell it of to recover the outstanding dues.
4. You can report to the police the matter making general diary for loss of the said Title dee from your custody.
5. There after with the help of the certified copy of the said title deed and the lost police diary, you can attempt to sell your said property.
1. The said original deed can not be recreated.
2. You can register a gift deed in favour of your blood related family members and after creation of the said gift deed, you can sale of your property in question.
1. Registering gift deed in favour of family members is a better option.
2. However, even thereafter your potential buyer might ask for link deed being the deed original of which has been lost.
3. So, you should make a missing/lost diary about the said title deed as suggested in my earlier post to substantiate your claim that you have lost the said original title deed.
1. No, registering a confirmation deed will not put under the carpet the risk of being dispossessed by the lending bank under SARFAESI Act as pointed out in one of my earlier posts, in case the property has been mortgaged.
2. So, missing diary and thereafter registering the gift deed might be considered as the next viable way to sell the said property without having the original title deed.
1. There is a system in India also to trace out whether the property has been mortgaged or not since the year 2012.
2. All the mortgaged properties are to be registered with the Central Registry and without the said registration, no bank can initiate SARFAESI action and take possession of the mortgaged property.