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Er.Abdulah (consultant)     06 November 2011

We lost the mother document of the property, we want to sell

We lost the Mother /Original document of the propety we want to sell.This property is under our father name and he recently expired.He has not written any WILL. We are muslims and believe muslim law is applicable to us. We are family of  5 members left in absense of our father, 3 brothers, 1 sister and our mother

We are willing to sell this property, we have heard our father stating , he has missed the original mother document of the property, We where in assumption, he would have made necessary legal process to apply for a new one or register a complain.But nothing of that sort seem to  been initiated my him and he is no more with us. 

In the current situation,

1.what is the right process to follow to claim the rights and get a new document and proceed with selling the property?

2. As a precaution, if unknowing the orginal document is in false hand, how can we avoid the misuse of it



 10 Replies

aruntrivedi (lawyer)     06 November 2011

You can collect various property papers and different authorities just like Sale Deed from Registrar Assurances Office, construction permission from local authority who granted permission for construction of premises, village form No. VII/XII from revenue authorty, PropertyCard from City Service Inquiry Office, Village Form No. II from Revenue office, if N. A. Order with respect to your premises granted se;arately you can collect it from Revenue office, concerned. You shall be able to sale your property mutation of your rights of all family members as inherited and after geting your names mutated in all revenue and concerned records you all be co-owners ofproperty and then you can sale your property and payment with respect to your property shall be made as per the share of each member in property. Hope this will suffice to help you but even if you need any help I am open guide you fursther.

1 Like

Rajeev Kumar (Lawyer/Advocate)     07 November 2011

Mr.Aruntrivedi is right and i agrre with him.
1 Like


Arun is correct.


Judgement on Muslim Property Law:[Hope I'm correct here in sofar as the query is concerned]

In a case before Karnataka High Court in Smt. Ashabi vs Smt. Faziyabi And Ors. (ILR 2004 KAR 3599) "A person who according to Muslim law is an heir of the deceased remains so and gets his legal due. He or she cannot be excluded either by other heirs and survivors of the deceased or even under a specific direction left in that behalf by the deceased himself. One can be excluded from inheritance only under a rule of Muslim law, if applicable in India. It is also well settled that only that relative can be an heir of the deceased who is alive at the moment of the latter's death. A person who died before the deceased cannot be his heir……………….It is a well- recognised proposition of law that the estate of a deceased Mohammedan devolves on his heirs in specific shares at the moment of his death."

The Shariat Act was passed by the Central Legislature in 1937. It became for the first time extended to Part "B" States by virtue of the Central Act 48 of 1959 (which came into force on February 1, 1960), called the Miscellaneous Personal Laws (Extension) Act, 1959, which amended its extent clause in such a way as to apply the statute to whole of India except to Jammu and Kashmir. The principal operative section of the said Act is section 2, which reads : "2. Notwithstanding any custom or usage to the contrary, in all question regarding intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of Personal Law, marriage, dissolution of marriage, including talaq ila, zihar, lian, khula and mubarrat, maintenance, dower, guardianship, gifts, trusts and trust properties and wakfs (other then charities and charitable institutions and charitable and religious endowments) the rule of decision in cases where the parties are Muslims shall be the Muslim Personal Law (Shariat)."

Supreme Court in Mohammad Yunus v. Syed Unnissa. AIR 1961 SC 808, Interpreting the force or effect of the words in section 2 of the Shariat Act to the effect that in all matters enumerated therein, the rule of decision in cases where the parties are Muslims shall be the Muslim Personal Law, their Lordships state that the statute would apply not only to suits and proceedings instituted subsequent to the coming into force of the statute but also to suits and proceedings pending on that date whether in original courts or tribunals or in appeal.

Inheritance is an integral part of Shariah Law and its application in Islamic society is a mandatory aspect of the divine teaching of Islam. Muslims inherit from each other as stated in the Qur'an: “ لِّلرِّجَالِ نَصيِبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالأَقْرَبُونَ وَلِلنِّسَاء نَصِيبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالأَقْرَبُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ نَصِيبًا مَّفْرُوضًا ” {“4:7 There is a share for men and a share for women from what is left by parents and those nearest related, whether, the property be small or large - a legal share.“} [An-Nisa 4:7] Hence, for Muslims in India there is a legal share for relatives of the deceased in his estate/property. When a person dies there are four rights that need to be performed his property:
1. Pay his/her funeral and burial expenses
2. Pay his/her debts
3. Execute his Will/bequest (max 1/3 of his/her property)
4. Distribute remainder of his/her estate/property according to Shariah Law

In relation to inheritance, Mohammad said: Narrated Ibn 'Abbas: “The Prophet said, "Give the Fara'id (the shares of the inheritance that are prescribed in the Qur'an) to those who are entitled to receive it. Then whatever remains, should be given to the closest male relative of the deceased." Thus it can be seen that under Muslim Law no stranger outside the family shall succeed under Shariat Law of Inheritance or Under Quranic Commands.

1 Like

Bharatkumar (ADVOCATE )     07 November 2011

Mr. Trivediji is right.

Er.Abdulah (consultant)     07 November 2011

Respected Advocates,

Thanks for your valuable time and patient listening.

In our case ,we are very sure we have lost the document, as a precaution, if unknowing the orginal document is in false hand, how can we avoid the misuse of it

aruntrivedi (lawyer)     08 November 2011

punish an advertisement as PUBLIC NOTICE inviting claim, demand or right if any body any institition or Bank or public in general as well as also declare through said advertisement that original following deeds are missing not traceable/available misplaced, missed and some of them are being issued as duplicate if any body is having any right, claim demand should lodge their claim within SEVEN working days from the date of notice with your advocate and if not it will be construed that whosoever holding any right, title and interest has either waved or do not want claim or have released their right in your favour. - your advocate can guide you more on this issue, if give me your location I can suggest advocate. Public this advertisement in two local daily newspaper is must out of which one should be english and another in local varnacular. hope this will help you Also you can publish with name of any individual that Mr. ___ is using those papers without any authority or consent from family members and legal heirs of deceased Mr. ____, who has never given any Power of Attorney to anybody nor right on behalf of land so all transactions made shall be void if made.

m.arunprakaash (advocate)     08 March 2012

Try to get certified copy of the document relating to your property  from the jurisdicitonal Sub registration office. It is a valid document.

Or else publish in two news papers one in english and one in vernacular stating that the mother deed has been lost/misplaced/untraceble. File FIR with the police station nearest to you. And make a DEED OF DECLARATION before the Notary Public and register this DEED OF DECLARATION with the jurisdictional Sub Registrar.


Even without all these thing if you have genuine rights in the said property  you can sell it.

Krishna (TECHNICIAN)     20 November 2014

Hello Arun Sir,

We have recently purchased property and i have done the registration as well after that we visited bank for document verification to collect the check at the time verification i came to know my seller having only certified copy of mother documents.He said my original documents were last by bank actually he purchased the flat through bank loan.Now i am also buying the property through loan at the time so my bank asked publicnotice,FIR copy,and letter from his bank here my seller provided public notice and FIR copy  but he didn't provide the ACK letter from his bank because of this i am in trouble now and also my bank issued the check last month end but because of my seller fault the check is not dispatched from the will valid only one month but still my seller working to get the letter.

So if i cancel the deal shall i get the money back (registration fees, Stampduty fees,my token advance and other spent moneys for this )

token advance i have given 3.6 lac and my Pre EMI also started from my bank.

What is the procedure to get the money back sir because i am in trouble now.Please provide some sollution sir.



prathika (ENGINEER)     12 December 2014

Hi Sir,

We purchased a Flat that has no ORG document.The seller dint tell us until the registration.After registration only we come to know that.The Bank who provide Home loan asked some other document incase of original document.The seller is delaying to submit those documents from one month,The check is valid for 1 month only and also My EMI(home loan) process started,still the owner dint give possession to me and not responding to us even in ph itself.I dint have interest to buy that propoerty.I am ready to give him the propoerty but he wont give my money.Nearly i have spend more than 7L including registration .I am Paying Interest for those amounts.If I am going Legelly how much months it will take.Shall i get spended amount on this .Please Sir tell me a suggestion to me.I am in a big trouble

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