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Ravindra Bharathi (Consultant)     25 June 2012

Original document lost

HI,

My Mother inherited  a Residential property from her Mother as her only Legal Heir and later on she developed it (thru a Develeopment Agreement) with a Builder on 50: 50 basis in to 4 residential apartments (Flats), sold 2 ( 3 years back) and retained 2 for her. The Original Document has been lost, not traceable, only a xerox copy available. Now she wants to make a settlement Deed to transfer these 2 Flats to me and my Sister one each. Do we need the Original to proceed with Settlement Deed Registration or apply for a certified copy and execute the Settlement deed. Now  the Sub Registrar is demanding the Original for registering the setlement deed, we have obtained EC already, no encumbrance on the property, it is clear title. What should we do to get a new set of title document and the stamp duty payable for the same. Since it is not for sale & no consideration involved, do we need to make another set of documets on a property, which has undergone changes from an old structure ( demolished & reconstructed ) to newly built flats. Kindly advise the solution to this issue.

Thanks & Regards,

RavindraB



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 1 Replies

Hemang (Advocate)     30 June 2013

The Registerining authority has no business to ask for the documents. Whenever the deed of partition is presented, he has to register. Nothing else. However, the deed of partion amounts to trasnfer of right and thereby the property is conveyed. Hence, you have to pay the stamp duty. If, the Registrar is still not accepting the document for registration, file a writ petition inthe High Court and get the writ of certiorari.


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