Ria Gupta 16 January 2022

Misuse of original sale deed

I have lost my original sale deed. Can anyone misuse it even of they are not named in the deed. If yes, how? Can they sell it or take loan on it, even if their name is not there in sale deed.

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Quick Summary

If you've lost your original sale deed, it's crucial to understand the potential risks. While someone not named on the deed generally cannot directly sell or take a loan against your property, a lost deed could be misused for fraudulent purposes if it falls into the wrong hands. To protect yourself, immediately file a First Information Report (FIR) with the police, publish a lost and found notice in newspapers, and consider obtaining a notarised affidavit. These steps are vital for securing your ownership rights and enabling you to get a duplicate deed from the sub-registrar's office.

3 Replies

Megha 17 January 2022

Hi,

A sale deed is one of the most important document evidencing property ownership. If you have lost/ misplaced your sale deed, you may take the following steps:

Filing a First Information Report (FIR) - the first thing to do as soon as you realise that your property papers are missing is to register a FIR at the nearest police station and this can be filed only by the owner of the property.
Newspaper Ad - Post filing a FIR, you must publish a lost and found ad in a national and vernacular language newspaper. To publish this, you may be required to submit your FIR.
Affidavit - if the sale is not found/ returned within a reasonable period of time, you must obatin an affidavit on a stamp paper mentioning all details of the lost deed. This affidavit must be notarised.
Duplicate deed from sub-regsitrar - Once teh aforementioned actions have been taken and affidavit is obatined, you may visit the sub-registrar's office to obtain a duplicate sale deed upon payment of the requisite fees.

Best regards,
Megha

Aryan Raj 17 January 2022

Dear Megha,

I think the query about the sale deed being misused by a third person is still unaddressed, can you please put some light on that issue.

Regards,

Aryan Raj

Megha 17 January 2022

Hi Aryan,

Thanks for the addressing the concern.

Yes, the lost sale deed may be used for fradulent purposes if fallen in wrong hands.

Therefore, to ensure that such an untoward incident doesn't happen, please file a FIR at once - this will protect your interest if the property where to be misused.

Best regards,
Megha