The original property deed is the most important document to sell a property as it supports the legality of your property and ownership. What happens if you have lost the original deed documents? Is it possible to sell the property? Yes, you can apply for a duplicate deed and proceed with the sale. However, it is not as easy as it sounds. We detail the steps to navigate such a situation.
What is a property title deed?
A property title deed is a legal document that mentions the ownership details of a property. The deed document highlights every detail, such as property owners, area, address, previous owners, mutation details etc. A property title deed is important for the transfer of property from one owner to another.
What are the original documents required for selling a property?
- Sale deed: It proves the transfer of ownership.
- Title deed: It establishes the legal ownership of a property.
- Encumbrance certificate: It mentions that the property is free of any liability or dues.
- Property tax receipts: These act as proof that the owner has paid property tax and has no dues.
- Stamp duty and registration fee receipt: This is proof that stamp duty and registration fees for the property were
- Khata certificate: This provides property details, such as area, type, location and ownership.
- Occupancy certificate: This is issued by the municipal body and certifies that the property is fit and safe for occupation.
- Society NOC
- Aadhaar and PAN card of buyer and seller
- Power of attorney if the seller is selling the property through someone else.
How to get a duplicate copy of the lost property documents?
- File a first information report (FIR) with the nearest police station.
- Visit the sub-registrar’s office (SRO) where the property was originally registered.
- Fill out the application form seeking duplicate property documents and make the required payment. The fees vary between states.
- Attach supporting documents to prove that you are the property owner.
- All submitted documents along with the form will be verified by the officer and the duplicate document will be
While these are the basic steps, they may differ depending on your state.
How can you make duplicate property documents valid in court?
- Verified copies: The copies should be obtained through legal channels, such as the SRO.
- Attestation: The duplicate copies should be attested by a notary.
- Affidavit: Submit an affidavit to the court mentioning the reason why a duplicate property document was made.
- Publish about lost documents in the Gazette: Publish a notice in the Gazette that the property document is lost so that it comes to public notice.
- Get a witness: Get a witness who will testify that the duplicate copies are valid.
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While you can obtain duplicate copies of lost property documents, the process is long and tedious. It is advisable to seek guidance from a property lawyer. Note that the validity of the documents is important for any property transaction. When you are applying for duplicate documents, always take the legal route instead of seeking shortcuts.
FAQs
What is the first step that you should take when the property documents are lost?
You should file an FIR for lost property documents.
Why is a property title deed important for selling property?
A property title deed is important for the transfer of property from one owner to another.
What is an encumbrance certificate?
An encumbrance certificate proves that a property is free of any liability or dues.
How to apply for duplicate property documents?
To apply for duplicate property documents, fill out the application form at the SRO, attach supporting documents and make the required payment.
Is a property sale possible without the original sale deed?
Yes. If you have lost the original sale deed, you can apply for duplicate property documents and proceed with the property sale.
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