Procedure for retrieving your lost property documents

Last Updated at: November 04, 2019
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Procedure for retrieving your lost property documents

Property is the spirit of laws -Montesquieu

Introduction:

In this fast-paced world where everyone is rushing to meet means to an end and people themselves are lost, the loss of property documents seems something inconsequential and meaningless. But it causes more mayhem than anything else. As people have to spend a significant amount of time and money, one of the main reasons for this problem is negligence and carelessness. This can be on the part of a person who owns such property or the bankers under whose care most of the time such property related documents are lost. One should act swiftly and diligently as these documents can be misused and there is no use crying over spilt milk. The procedure to retrieve ones lost property is as follows:

Stay calm and do not panic

As soon as you realize that the documents related to a certain property are lost or misplaced it’s necessary to remain calm and try to find where they would have gone. Sometimes things hide in plain sight, we just can’t see it despite it being right there. After attempting to find such documents, they still evade one. Then one must follow the further procedure.

File an FIR immediately

An FIR (Under Section 154 of CRPC) has to be filed at the police station which has authority in this matter or the jurisdiction in which the documents have been lost, stolen or misplaced by the owner of the property and the copy of the FIR must be kept with you as a record as it is relevant at the time of sale of such property.

Advertisement in the newspaper

Once an FIR has been filed in a police station, an advertisement has to be given in one English daily and any regional newspaper about the loss of such property documents. Then one has to wait for a period of 15 days if any correspondence in this regard to such loss of property documents is received.

Get Your Property Verified

Application for share certificate

If no correspondence about such loss of property is received then the owner of such property should make a request for a share certificate from the authorised housing society. Then resident welfare association of the society will call for a society meeting in which it will check the documents related to the loss. If the request is accepted then they will issue a share certificate and charge a fee for the same.

Register with the Notary

Then one must take an undertaking on a stamp paper explicitly mentioning details of the lost documents of the particular property along with a copy of the advertisement given in the newspapers and the FIR copy. All these documents mentioned with the undertaking are then attested and registered with the notary and such an undertaking then becomes a valid legal proof.

Apply for duplicate Sale Deed

Once the undertaking is registered with the Notary then such undertaking along with the FIR copy, a copy of the advertisement given in the newspaper and copy of the share certificate should be submitted to the registrar office as all transaction related to property transactions are done by such office after scrutiny of the submitted documents by the office. The office will issue a duplicate sale deed and one must pay the subsequent fee charged by the office for the same.

Conclusion

One must know that this the process for retrieving lost property documents. This necessitates a lot of time and money from one and at the same time, it is not easy to jump from one office to other including various fees charged by these offices. Also, at the time of sale on such properties or to obtain a loan on such properties is difficult. As people are sceptical and reluctant to buy these properties fearing title disputes and subsequent lawsuits. Banks, on the other hand, have the complete discretion whether to grant a loan or not to such properties. After examining the relevant documents if the documents are lost while in possession of the bank then they can be made liable for the same.

Frequently Asked Questions

How can I claim my income tax refund after due date?

If you are filing for refund after July 31st the last date of ITR filing, manually submit a signed copy of the ITR-V form.Learn More about Income Tax filing


How many employees do we need for ESI registration?

Ten employees (or more) with salary up to Rs.15,000 a month are needed to register for Employee State Insurance. More info on ESI registration


What is FSSAI compliance?

Adhering to the rules, regulations, and standards given by the Food Safety and Standards Authority of India is called compliance.More information on FSSAI


What is the use of ISO certification?

The use of an ISO 9001 certification is immense because it creates clear structures, tasks, and responsibilities for the whole organisation.More on ISO Certification


What if TDS is paid late?

If TDS is late, then interest from the actual date of TDS deduction to the real date of deposit is added.Details on TDS Return Filing


What is difference between Udyog aadhar and MSME?

To make the process of MSME registration simpler for businesses, The MSME act was switched with Udyog Aadhar. Learn more about SSI/ MSME Registration

Procedure for retrieving your lost property documents

4254

Property is the spirit of laws -Montesquieu

Introduction:

In this fast-paced world where everyone is rushing to meet means to an end and people themselves are lost, the loss of property documents seems something inconsequential and meaningless. But it causes more mayhem than anything else. As people have to spend a significant amount of time and money, one of the main reasons for this problem is negligence and carelessness. This can be on the part of a person who owns such property or the bankers under whose care most of the time such property related documents are lost. One should act swiftly and diligently as these documents can be misused and there is no use crying over spilt milk. The procedure to retrieve ones lost property is as follows:

Stay calm and do not panic

As soon as you realize that the documents related to a certain property are lost or misplaced it’s necessary to remain calm and try to find where they would have gone. Sometimes things hide in plain sight, we just can’t see it despite it being right there. After attempting to find such documents, they still evade one. Then one must follow the further procedure.

File an FIR immediately

An FIR (Under Section 154 of CRPC) has to be filed at the police station which has authority in this matter or the jurisdiction in which the documents have been lost, stolen or misplaced by the owner of the property and the copy of the FIR must be kept with you as a record as it is relevant at the time of sale of such property.

Advertisement in the newspaper

Once an FIR has been filed in a police station, an advertisement has to be given in one English daily and any regional newspaper about the loss of such property documents. Then one has to wait for a period of 15 days if any correspondence in this regard to such loss of property documents is received.

Get Your Property Verified

Application for share certificate

If no correspondence about such loss of property is received then the owner of such property should make a request for a share certificate from the authorised housing society. Then resident welfare association of the society will call for a society meeting in which it will check the documents related to the loss. If the request is accepted then they will issue a share certificate and charge a fee for the same.

Register with the Notary

Then one must take an undertaking on a stamp paper explicitly mentioning details of the lost documents of the particular property along with a copy of the advertisement given in the newspapers and the FIR copy. All these documents mentioned with the undertaking are then attested and registered with the notary and such an undertaking then becomes a valid legal proof.

Apply for duplicate Sale Deed

Once the undertaking is registered with the Notary then such undertaking along with the FIR copy, a copy of the advertisement given in the newspaper and copy of the share certificate should be submitted to the registrar office as all transaction related to property transactions are done by such office after scrutiny of the submitted documents by the office. The office will issue a duplicate sale deed and one must pay the subsequent fee charged by the office for the same.

Conclusion

One must know that this the process for retrieving lost property documents. This necessitates a lot of time and money from one and at the same time, it is not easy to jump from one office to other including various fees charged by these offices. Also, at the time of sale on such properties or to obtain a loan on such properties is difficult. As people are sceptical and reluctant to buy these properties fearing title disputes and subsequent lawsuits. Banks, on the other hand, have the complete discretion whether to grant a loan or not to such properties. After examining the relevant documents if the documents are lost while in possession of the bank then they can be made liable for the same.

Frequently Asked Questions

How can I claim my income tax refund after due date?

If you are filing for refund after July 31st the last date of ITR filing, manually submit a signed copy of the ITR-V form.Learn More about Income Tax filing


How many employees do we need for ESI registration?

Ten employees (or more) with salary up to Rs.15,000 a month are needed to register for Employee State Insurance. More info on ESI registration


What is FSSAI compliance?

Adhering to the rules, regulations, and standards given by the Food Safety and Standards Authority of India is called compliance.More information on FSSAI


What is the use of ISO certification?

The use of an ISO 9001 certification is immense because it creates clear structures, tasks, and responsibilities for the whole organisation.More on ISO Certification


What if TDS is paid late?

If TDS is late, then interest from the actual date of TDS deduction to the real date of deposit is added.Details on TDS Return Filing


What is difference between Udyog aadhar and MSME?

To make the process of MSME registration simpler for businesses, The MSME act was switched with Udyog Aadhar. Learn more about SSI/ MSME Registration

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