Property documents, if lost, stolen or moved, can affect you in both monetary and non-monetary terms. Without a sale deed, it becomes difficult to carry any transaction on the property such as buying or selling the property or banks may not grant you a loan against the property, etc. It also plays an important role since it mandates the owner of the property to confirm that the property for sale is free from any encumbrance.
In this post, let’s take a look at the procedure to get a duplicate copy of the property title documents/ Sale deed.
Procedure to obtain a duplicate copy of the Property Documents/Sale Deed
As mentioned above, when the documents or deed is relocated, it becomes a difficult task to make any transaction on the property, and you will need a duplicate copy of the deed to trade. The following procedure must be followed to obtain a copy of the original ownership documents/sale deed: Lodge a Police Complaint:
Lodge a Police Complaint:
The primary task you need to do is a FIR (First Information Report) for the missing documents. The FIR must be submitted only by the property owner, and it should be quoted in the report that the property papers have been lost or moved or stolen. It should be pointed out that the FIR is valid only if it has been stamped by the duty officer under the seal and head of the concerned police station and the signature of the duty officer and also should bear a serial number, i.e. FIR number.
It is necessary that you keep a copy of the FIR (First Information Report) secure with you, as it is necessary at a later date if you want to sell the property and the buyer might be interested in it.
Youth Bar Association of India Vs. Union of India & others (CR.W.P 68/2016) (Supreme Court) – According to the latest orders from the Supreme Court, all police stations from the states and trade union areas are required to upload the FIR (First Information report) to the police or government portal within 24 hours (in some cases 48 to 72 hours depending upon geographical location) of the submission of the report to the police station. This is how you can check the details and status of your report online after registering your FIR in the police station.
Publish an ad in the newspaper:
After filing the FIR, you are required to place an Ad in an English newspaper and any of the local/regional newspaper about the loss of property documents. You should clearly mention the details of the documents and your contact information in the ad. In particular cases, you may need to produce a copy of the FIR from the newspaper agencies to publish the Ad for the loss of documents.
Once the ad has been published in the newspaper, you should wait for the prescribed time mentioned in the ad to see if someone finds the documents and hand it over to you. Normally this waiting period could be between 2-3 weeks.
Note: You must keep a copy of the ad for future use.
Make an affidavit and get it registered with a notary:
If you do not receive the documents even after the publication of the advertisement, then the next step you must follow is to prepare an affidavit on a stamp paper about the loss of Sale Deed. It is necessary that you clearly mention the details of the lost ownership documents/sale deed on the affidavit and put your signature on them. You can also make a copy of the FIR and the ad published in the newspaper. Documents must then be attested and registered with a notary.
Get a certified copy of the sales certificate:
You are now required to contact the Sub-Registration Office (SRO) to obtain the certified copy of the original sales certificate (Sale Deed). For this purpose, you must submit a written application together with the application form i.e. Form 22 to the SRO. The form can be downloaded from the portal of the department, or you can also get the form from the SRO. You are also obliged to submit the following documents together with the application form:
- Proof of identity
- Copy of the FIR/police complaint
- Copy of ads and affidavit
- Other relevant documents that occupy your property in the property
You must also pay the mandatory fees to the sub-registration office to receive the copy. After reviewing all documents, SRO will issue you a certified copy of the sales certificate. However, this may take some time. Once you receive the copy of the sales certificate, you can use it as a replacement for the original.
It is crucial that you keep your ownership documents/sale deed in a safe place because when you misplace them, you need to get through a cumbersome and time-consuming process along with paying some fees to get the copy of the sale deed.