Time duration to obtain court decleration on loss of original sale deed
Raghu
(Querist) 30 September 2011
This query is : Resolved
Dear Experts,
I am the absolute owner of a vacant plot located in Bangalore South which was purchased in 1997. A couple of years ago i lost my original sale deed. However i registered a police complaint and also published the same in print media. All the property related documents are clear (khata/RTC/mutation, upto date tax and clear of any encumbrance. I have even fenced the land and there is no doubt that i am in absolute possession of my property.
Furthermore, i was advised that in order to authenticate my certified copies of absolute sale deed, it would be better to file a court injunction and obtain a court deceleration so that there wont be any hindrance if i have to sell it.
I would like to know, the exact procedures (stage by stage) and the time duration of the court process in obtaining the injunction or declaration order.
Please advise
Regards
Raghu
prabhakar singh
(Expert) 30 September 2011
If original is loosed,then a certified copy
may be obtained from sub registrar office may
be obtained.
Instead of simply fencing the land ,if possible,fill at least up to plinth if you can not put a full fledge boundary wall.
Filing a suit as advised is not a bad idea.
But against whom???
Have any man of yours' who agrees for??
In general conditions suits are filled against those who deny and enterfere in our
rights.
But in your case a defendant has to be searched for.
He should be preferably a person adjacent to any of the four sides of your land.
A suit of declaration and injunction /or any suit,terminates in fact in three dates.
1]suit filed[preparation may take 1/or2days depending on advocate]
2]after suit is filed ,courts' registry registers it then at once a date for written statement and issues is fixed and summons for that date is sent to defendant.
3]on the date fixed for written statement defendant comes to court and file his written statement and admits or deny the plaintiff claim made in suit.
4]At the date of issues the court examines the pleadings[plaint/and written statement]
filed by parties to find out the dispute between parties and frame issues to be decided by it.
And on the same date fixes a date for final hearing.
5]on the date of final hearing both sides lead their evidence to prove their respective case by their examination in chief and cross examination by the opposite party.
6]then arguments are advanced hearing which a date of judgement is given on which judgement is pronounced and a decree is drawn.
If all goes well even a contested case should not take more than a year to see judgement.
But the ground reality is different as no defendant appear unless publication of notice by substituted service is made and court orders to proceed exparte against him,then begins other tact of delays which are almost infinite to write,better drop to know that.
SO NOW HAVE TOLD YOU THE exact procedures (stage by stage) and the time duration of the court process in obtaining the injunction or declaration order SHOULD NOT BE MORE THAN 6 MONTHS AS IT WOULD NON CONTESTING CASE DESIGNED WITH PURPOSE..
Raghu
(Querist) 30 September 2011
Dear Sir,
Thank you very much for your prompt response. The information what you have provided is very helpful.
As i had mentioned in my query earlier that the sole purpose of seeking a court deceleration is to authenticate the certified sale deed copy through court declaration(in the absence of original sale deed) so that any prospective buyer will have no doubts or hesitation in buying my property.
Regards
prabhakar singh
(Expert) 30 September 2011
But for filling a suit you need a defendant to sue against whom the decree shall be passed.Its a must may be formally any body of your knowledge.
Raj Kumar Makkad
(Expert) 30 September 2011
Why to file civil suit just for the purpose of showing your authenticity?
Mr. Certified copy coupled with your police report is more than sufficient and valid document for all legal purposes including proposed sale as if you have original sale-deed in your hand.
ajay sethi
(Expert) 30 September 2011
agree with mr prabhakar singh . he has guided you well
R.Ramachandran
(Expert) 01 October 2011
Yes, I also agree and appreciate the very nice way of explaining things and guiding done by Mr. Prabhakar.
Shailesh Kr. Shah
(Expert) 01 October 2011
Shri Prabhakar Singh rightly guided. I also agree with version of Shri Raj Kumar Makkad.
Chanchal Nag Chowdhury
(Expert) 01 October 2011
No movement in court required. The steps already taken alongwith the certified copy of the sale Deed will serve your purpose.
Raghu
(Querist) 01 October 2011
Dear All,
Thank you very much for those invaluable advises on my issue. I would definitely take into account what Mr.prabhakar has tried to describe. This morning i also happened to speak to one of the sub registrar, who also advised me on similar lines however he said that i should just get done a affidavit on the loss of sale deed and notarise the same; This should be more than enough as a supporting document i guess
Raghu
(Querist) 02 October 2011
Dear All,
Thank you all for clarifying the issue.
Regards
kuldeep kumar
(Expert) 04 October 2011
i agree to views of expert prabhakar singh
