Lost documents

Siraj Shaik (Querist) 05 August 2023 This query is : Resolved
I am willing purchase one property but owner of the property lost original documents. He was saying he will file FIR and get the certified copies from sub registrar.

By using these Copies does the bank gives the hom loan ..??

Please clarify and is it safe to buy property using certified copies if Encumbrance certificate is clear ???

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Quick Summary

If the original documents for a property you wish to buy have been lost, the owner can obtain certified copies from the Sub-Registrar's office after filing an FIR. Banks may consider these certified copies for a home loan, provided the seller has followed the correct procedure, including obtaining a public notice and providing an assurance against future misuse. It is strongly advised to seek legal counsel before proceeding with such a purchase.

kavksatyanarayana (Expert) 05 August 2023
A copy of the document from the Sub Registrar Office with the seal and signature(may be digital) can be accepted even in court also.

Siraj Shaik (Querist) 05 August 2023
Does Banks accept that to give the loan ??

Advocate Bhartesh goyal (Expert) 05 August 2023
If the seller lodged FIR regarding lost of original property papers and supplies you certified copies of lost property ownership papers with written assurance that in future if he gets lost property ownership papers will not misuse and will handover to you then you can proceed for purchase.

T. Kalaiselvan, Advocate (Expert) 06 August 2023
If the vendor has taken action for obtaining the certified copy of the registration documents by first giving a complaint with police and then getting a public notice published in the newspaper and submitting the copies of the steps taken along with the application to the concerned registrar seeking certified copy of the registration document, then that can be considered ass a valid document becasue the sub registrar can stop registration or encumbrance on this property thenceforth, hence the buyer can be confident about future legal issues in this regard.
The banks, if informed about the steps taken to retrieve the lost original documents and convinced then they may decide to sanction loan if all other aspects satisfy to grant loan.
In any case you may first obtain a legal opinion from an expert lawyer and proceed only if recommended

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