Loss of Original Documents

This query is : Resolved 
 


Querist : Anonymous (Querist)
07 July 2010

Hi There, i have lost my land original sale deed copy while shifting my house. i have given a complaint at nearest police station and after few days they given me a certificate that could not trace my document.
i have visited land registrar office from where i got a photo copy of my sale deed with a stamp on that as certified true copy, I was been updated later on that I cannot use these documents for any bank loan or sales transaction.
Can any one suggest me how to create an legally valid document to use in place of original for any transaction of bank loan purposes / reselling.

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Y V Vishweshwar Rao (Expert)
07 July 2010

Your Purchaser or Bank may publish a public Notice in Local New Papers about the loss of the original sale deed and Police complaint , and your proposed sale or Proposed mortgage and calling objections from genral public who are having interest in the proerty and fix certian period for receiving Objections and claims agaisnt the Proerty and Title deeds - If no objectiosn are recieved by the purchaser or Bank , they may accept your Statement that the original title Deeds are lost and not in your custody or not in the custody of any other person and that ther are no claims on the property.
It is at the descretion of the Purchaser or the Banker to proceed with the transaction.

Devajyoti Barman (Expert)
Click to Talk
07 July 2010

Yes, rightly advised.
It is wrong to state that the certified copy of the sale deed is not sufficient to proceed with the sale if it could be shown that the original is lost,destroyed or misplaced.


Querist : Anonymous (Querist)
08 July 2010

Dear Experts,

Thanks for the reply,

May i know till what time i need to wait for the Objection against the property and tile deed after the publication in the local news papers.

Plz Advice

Regards

Y V Vishweshwar Rao (Expert)
08 July 2010

Generally 15 days or 30 days from the date of publication in News papers !



Guest (Expert)
09 July 2010

If you want to create a legally valid document, you may settle the property in your wife's name (which may cost you less) and that document will be an original one and your lost document will become a parent document (which will become a secondary document). You may get a power of attorney from her to deal with the property and all other purposes.


Querist : Anonymous (Querist)
11 July 2010



Hi Experts,

I have given the advertisement in the local news papers as suggest by Experts here, after 15days I will be going for No Objection from the public.

Can i file a petition in the court with all the documents like police certificate, paper advertisement, No objection from public, photo copy of sale deed.
So that court can give a clear chit in loose of original document and which can give a more confidence for any buyer and can be use a link document for further future transaction.

As per my experience any buyer will look for clean documents and all link documents in original for any future transaction for them. But In my case I have lost sale deed of my name

Plz advice.

Regards

Y V Vishweshwar Rao (Expert)
18 July 2010

You want file a Petition/suit for dclaration that the original Title Deed is lost and it is not traceable !


Querist : Anonymous (Querist)
20 July 2010

Dear Mr.V.Rao, i am not aware of using the terminology, i want to get a declaration from the court which can stand as a proof for me for future transactions and as well if anyone miss use my lost original documents will not have validity.

Plz advise on the same.

Regards


Y V Vishweshwar Rao (Expert)
23 July 2010

As discussed above, on the basis of the paper publication , police complaint and not traced out Certificate from Police , you can file a suit for declaration that the original title deed is lost not traceable and you can obtain Decree.


Querist : Anonymous (Querist)
01 October 2010

Dear Mr. Rao and Experts,

Refer to above , we have done all the processes suggested by you. But the banks are not accepting the documents for equitable mortgage, in the absence of Original title deeds ,for any loan purpose.

Could you plz provide me any judgment copy which I can explain our bankers as this is possible and a solution for lost document.

This will be really helpful for us

Regards


Querist : Anonymous (Querist)
28 November 2010

Dear Mr. Rao & Dear Experts,

Refer to above , we have done all the processes suggested by you. But the banks are not accepting the documents for equitable mortgage, in the absence of Original title deeds ,for any loan purpose.

Could you plz provide me any judgment copy which I can explain our bankers as this is possible and a solution for lost document.

This will be really helpful for us

Regards

Jai



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