1) file an FIR , issue public notice about loss of original documents
2) apply for and obtain certified copy of sale deed from sub registrar office
3) also indemnity bond would be required to indemnify purchaser in case of third party claims
Lost Agreement / Registration - How to proceed
Hi, Situation - We are the 3rd owner of the property in Mumbai Following documents are available - 1. (1988) Builder - 1st Owner - Sale Agreement, Registration, Index 2 not available 2. (1995) 1st - 2nd Owner - Sale Agreement, Registration, Index 2 originals available 3. (2000) 2nd - 3rd Owner (my family) - Sale Agreement, Registration, Index 2 originals available We are now selling this flat, and the buyer has already applied for loan from SBI and has also signed the Sales Agreement and paid Stamp Duty and Registration. Question - If SBI now asks for the original / registration of the 1st Buyer, and considering the builder and 1st buyer is not available, and that stamp duty and registration is already paid now, which from the following options will be quicker and effective (or is there another option)? 1. Filing an FIR / publishing in 2 newspapers / waiting for 15 days 2. Signing indemnity bond, only acknowledging the loss of the document 3. Checking in registration office for registration details (I understand this may take time considering the agreement was signed in 1988) 4. We have a copy of the first agreement (received from the society). Can we pay for registration and stamp duty on our own and regularize it based on just that copy (it's just a photocopy and not a true copy or notarized copy)? 5. Is there any other option we should try that will help speed up the process
Asked 1 year ago in Property Law
Religion: Hindu
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6 Answers
the bank will mostly need 1 to 3
no.3 can be done quickly. you can engage a registered search clerk to take a search of the property in the registrar records for the last 30 years. you just have to give him the CS number and division
on the photocopy of the 1st agreement which u have, first check if full stamp duty was paid and there is a seal of sub-registrar. if these two are there then no need to again pay duty on that document and if it was registered then no need to again register it
1. Since you have not lost the document pertaining to the index,then there is no point in lodging a complaint to get a FIR registered, the police will not accept any such complaint at this stage besides it is not proper as per procedures of law.
2. You can decide based on the requirement provided this is acceptable to the bank
3. Whether there was any registered sale deed or it was only a sale agreement, please clarify.
4. you cannot get it regularised until the registration authorities approve yor proposal.
5. You may consult a local advocate and proceed as suggested
- You need to File FIR immediately and publish the ad in 2 newspapers (Bank will definitely ask this) Why it was not done before drafting the Sales Agreement?
- Sign the Indemnity Bond to acknowledge the loss of documents
- You can appoint a clerk who works in the Registrar office, now a days it doesn’t take much time. Do pay him his required fees to speed up the process.
- Since you have received photo copy of the first agreement, please check whether you have already paid the Stamp Duty or not.
- Proceed as suggested
You can give undertaking for responsibilities on behalf of first owner. But on mutation records if more than 30 years has been passed away than you are the true owner of the flat.
Get the Mutation records from Tahsildar office. all past history of land and building.
1.You can lodge a Compliant before the police official for the missing of the original documents
- Further, you can publish a notice in the newspaper after mentioning that the chains of property has been lost , and if any found then he will have no right over the property
2. The purchaser and bank may ask for the indemnity bond.
3. Yes, you can apply for getting certified copy of the lost documents , and the bank cannot refuse to admit the same.
