The ownership of a property cannot be determined merely based on who is occupying it at a given point in time. Instead, it can only be established through certain legal documents formulated at the time of selling or construction of the property. A homeowner may also need these documents for several other purposes, such as reselling the property, transferring its ownership, gifting, mortgaging, or renting.
But what if these documents are lost for any reason? This may happen due to the carelessness of the property owner or the bank from which one has taken a home loan. A homeowner may not be able to rent or sell a property in the future or avail of a loan against it without the necessary land papers or property documents in original. One may even face certain legal complications. Thankfully, there is a process through which property owners can get duplicate copies of the documents lost by them.
One can follow the steps mentioned below in the article to get duplicate land or property papers.
How to get duplicate copies of property documents?
It’s not uncommon for property buyers to ask, “I have lost my original documents. What should I do now?”
Below are the steps that they can follow to get duplicate copies of the lost documents:
Step 1 – File an FIR in the local police station
The first thing a homebuyer needs to do to retrieve lost property papers is file a First Information Report (FIR) by approaching the regional police station. One can also file an online FIR for lost property documents by visiting the official website of the state or city police under whose jurisdiction the property lies.
The FIR should mention the name of the property owner, details of the lost documents, and the manner they were lost. After an FIR is lodged by the property owner, the police will try to find the lost documents. One can check the details of an FIR, including its status, by visiting the respective police Commissionerate or state government’s website.
In case the police are not able to trace the lost property papers, they will issue a non-traceable certificate.
Step 2 – Give an Advertisement in Newspapers
Next, the homeowner is required to publish an advertisement about the lost property documents in the “Lost and Found” sections in at least two local newspapers. One of the newspapers can be in a regional language, and the other can be in Hindi or English.
The advertisement should mention the list of the documents that have been lost along with a request to whosoever finds them to return them to the property owner. Once the advertisement is published, the property owner can wait for at least three to four weeks to see if someone returns the documents.
Step 3 – Prepare an Affidavit
If no one returns the documents even after a few weeks, the next step that a property owner needs to take is to prepare an affidavit about the lost property papers. This affidavit must be filed on stamp paper and should mention the details of the sale deed and other documents that have been lost.
The property owner should also mention an undertaking stating that the facts mentioned in the affidavit are true to one’s knowledge. Then, the affidavit needs to be attested, signed, and registered with a public notary. One can attach these documents with the affidavit to support their case:
- FIR copy
- Non-traceable certificate
- Newspaper cutting
- Any document to prove property ownership
Step 4 – Visit the Sub-registrar’s Office
The last step of how to get a duplicate copy of the sale deed requires both parties to visit the office of the sub-registrar with whom the property was originally registered. One should not forget to take all the documents mentioned above while visiting the sub-registrar’s office.
The sub-registrar will then verify the documents. Once all the documents are verified, a duplicate copy of the property papers will be issued to the property owner in 15 to 20 days.
It is to be noted that the duplicate copy of the sale deed from the Sub-Registrar’s office can be procured only if the same is done in the same year.
To Conclude
If a property owner is worried about how to get a duplicate copy of the land registration deed and other documents, following the steps mentioned above can help. In case the documents are lost by a bank representative, one can lodge an online complaint for missing land documents with the bank, and it will bear the entire brunt, including financial implications, to restore them.
Disclaimer- This article is based on the information publicly available for general use as well as reference links mentioned herein. We do not claim any responsibility regarding the genuineness of the same. The information provided herein does not, and is not intended to, constitute legal advice; instead, it is for general informational purposes only. We expressly disclaim /disown any liability, which may arise due to any decision taken by any person/s basis the article hereof. Readers should obtain separate advice with respect to any particular information provided herein.
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