How to obtain a duplicate copy of a lost sale deed?
A sale deed is an important proof of property ownership. It comprises vital details required to carry out the sale or purchase of a property. But what if you lose this document? The good news is that you can get a duplicate copy of the sale deed by following certain simple steps.
A sale deed is a crucial document that establishes the ownership rights of a property. No property transaction can take place unless the seller furnishes the original documents. Considering the importance of a sale deed, there are certain provisions for obtaining a certified duplicate copy of the sale deed in the event of loss or misplacement. To apprise, the owner of a property needs to furnish a bond of indemnity to obtain a duplicate deed.
Steps to follow to obtain a duplicate copy of a lost sale deed
File an FIR
The first thing you need to do is to visit the nearby police station and lodge a First Information Report (FIR), mentioning details of the property. An important point to note here is that only the owner of the property can file an FIR, stating that the papers have been lost, misplaced, or stolen, as the case may be. Once the FIR is lodged, save a copy of the FIR for future records. As per the directives of the Supreme Court, you can check the details of your FIR, including the status, on the respective police or government’s website.
How to obtain a duplicate copy of a lost sale deed?
File an FIR
The first thing you need to do is to visit the nearby police station and lodge a First Information Report (FIR), mentioning details of the property. An important point to note here is that only the owner of the property can file an FIR, stating that the papers have been lost, misplaced, or stolen, as the case may be. Once the FIR is lodged, save a copy of the FIR for future records. As per the directives of the Supreme Court, you can check the details of your FIR, including the status, on the respective police or government’s website.
After filing an FIR, the next step is to publish a ‘Lost and Found’ advertisement in both local and national newspapers. The advertisement should mention the loss of the document and include an invitation for a claim over the property.
While it is a mandatory requirement to publish an advertisement, you might need to furnish a copy of the lodged FIR to the newspaper agency in certain cases. Similar to the copy of the FIR, save a copy of the printed advertisement for future records. Once the advertisement is published, wait for 2-4 weeks to see if anyone returns the documents within the stipulated time, as mentioned in the advertisement. Also, if there are no claims over the property, a letter from an advocate must be obtained to this effect.
Prepare an affidavit
Once you are done with the procedure mentioned above, the next step is to formulate an affidavit, which should be filed on stamp paper if the lost document is not found within a reasonable period. The affidavit must mention the details of the lost sale deed. Thereafter, it should be signed, attested, and registered with a public notary. You can also include a copy of the FIR and the advertisement along with the affidavit to support your case.
Visit the office of the sub-registrar
You can obtain a duplicate copy of the sale deed from the office of the sub-registrar by furnishing all the documents mentioned above. You also need to pay a fee, which differs from place to place. The registrar will issue the certified copy only after examining the necessary documents. It might take up to one month for the process to be complete.
As apprised by Vishal Parwani, Owner, SSB Properties, Bangalore, “Depending upon the location of the property, the charges to obtain a duplicate sale deed differ from Rs 1,000 to Rs 10,000. It might take 15-30 days for you to receive the duplicate copy of the sale deed, provided the records in the office of the Sub-Registrar are digitised. In case they are not, it takes around 30-45 days to obtain the duplicate copy of the document. In the event of loss of sale deed, you must remember that the price of the property automatically goes down. Therefore, the seller must provide an indemnity bond to avoid future disputes.”
What to do if your bank has misplaced the original sale deed?
In case you have taken a home loan and the bank has misplaced the original sale deed, you need to file a complaint with the bank and keep a copy of their response with you for future reference. Next, lodge an FIR against the bank and publish an advertisement in the newspaper. Obtain an affidavit from the bank with respect to the lost property document. Apply for an encumbrance certificate and get a duplicate certified copy of the sale deed through your bank/financial institution.
A sale deed is an important document that is necessary not only for transparently conducting a property transaction but also for the procurement of a loan. Therefore, immediate steps should be taken to obtain a copy of the document in case you have lost or misplaced it inadvertently.
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