Property papers misplaced
Querist :
Anonymous
(Querist) 19 February 2022
This query is : Resolved
I am the holder of a commercial property ,purchased through sale deed from my grandfather ,in 1982 .
I had a joint family and my brother used to keep all important documents .
I remember giving the sale deed to him for safe custody .
There were some disputes in family in 2013 and I decided on living seperately ,
in another city (25 km).
I asked for sale deed at that time .
He said that he has kept it somewhere .
Would search and provide me the sale deed (which he never did).
I decided to take a bank loan against property (15.02.22) and sent someone to muncipal corporation to clear pending property tax .
(assumed to be pending for about 3-4 years)
I was being informed that property tax was fully paid by my brother son ,for last year (on 13.01.22) and previous years .
My brother and his son have been meeting me for past 5 months to discuss other pending property matters but they never informed me nor demanded amount paid as property tax ,against my property ,which clearly shows their ill intensions .
Please advice legal process to avail bank loan as original sale deed is not available
and if same is not possible ,kindly advice measures to be taken to safeguard my property .
Querist :
Anonymous
(Querist) 19 February 2022
Thanks a lot for your advice
Dr J C Vashista
(Expert) 19 February 2022
Certified copy of the documents (Sale Deed) can be obtained from concerned Sub-Registrar where the property was registered in your name. Thereafter, (or simultaneously) publish in 2 newspapers (one in English and another in local language) for loss of original documents and get the same declared as null and void being lost from jurisdictional civil court and apply / obtain Bank loan mortgaging the title documents of the property.
Seek a partition, possession and mesne profits of all properties inherited by you by filing a suit in area civil court.
P. Venu 
(Expert) 19 February 2022
Yes, certified copy could be obtained from the SRO. No one can acquire rights in property just by paying the taxes!
kavksatyanarayana
(Expert) 19 February 2022
Agreed with the good advice of the senior expert Dr.J.C.Vashista sir.
Querist :
Anonymous
(Querist) 19 February 2022
Sir ,
Thanks a lot for your valuable advice
Dr J C Vashista
(Expert) 20 February 2022
@ Sh. Kavksatyanaryana ji,
Thank you very much for agreeing with me and your kind words of appreciation.
Regards
