Nikhil 02 January 2023

Lost original documents

My father bought a flat in 1980 in Mumbai.

After my parents passed away, my unmarried elder brother was the sole occupant of the flat since 2007

I had already moved away to another place in 2004.

My brother passed away this December.

The society committee invited me to stake claim BUT I dont have the original share certificate and the sale agreement .

Neither my brother could show it to the society during the redevelopment negotiations.

I also searched his belongings and could not find it.

Though the society has provided me the photo copy in the society records.

Now my eldest brothers widow also claiming her share but does not have the documents.

Kindly suggest a way out of this problem....of getting the documents.

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4 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 02 January 2023

The property belongs to your father who passed away. So your mother and the children of your father have equal rights over the property. For your brother's share, his wife and children have equal rights over the share of your brother. So file a partition suit if any dispute is there. Otherwise, amicably settle the issue.

Shashi Dhara 03 January 2023

After your parents demise all three sons got equal share as successors that is 1/3rd share equal , your un married brothers 1/3 Rd share is inherited by you if your elder brother is pre deceased and his widow or his childrens cannot claim any share ,so you inherit 1/3+1/3= 2/3 Rd share .try to solve peacefully .

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Nikhil 04 January 2023

Thank you Sir. But how do i get the documents as the origunals are not traceble ?

Shashi Dhara 05 January 2023

If it is registered in sub registrar office then try to obtain certified copy and assessment statement from concerned authorities ,light bill ,water tax paid bill etc , with relevant documents you can file declaratory suit .

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