What if original documents are lost?

Losing original property documents can lead to legal, financial, and procedural complications, especially during a property sale, inheritance, or mortgage. Since original documents serve as proof of ownership and transaction history, their absence requires immediate remedial action to avoid disputes and ensure the legitimacy of the land or property title.

1. File a Police Complaint (FIR)

• The first step is to file a First Information Report (FIR) or non-traceable certificate at the nearest police station.
  
• The complaint should:
  
  • Detail which documents were lost (e.g., sale deed, title deed, allotment letter).
    
  • Specify how and where the loss occurred.
    
• A copy of the FIR or acknowledgment serves as legal evidence for further applications and should be preserved carefully.
  

2. Publish a Public Notice in Newspapers

• A public notice must be issued in at least one English and one regional language daily, informing the public about the lost documents.
  
• The notice should include:
  
  • Owner’s name
    
  • Property address
    
  • Document details
    
  • A request to raise objections, if any, within a stipulated period (commonly 15–30 days)
    
• This step protects against fraudulent claims or misuse of the lost documents.
  

3. Apply for Duplicate Documents

a. Registered Sale Deed or Title Deed

• Approach the Sub-Registrar of Assurances where the document was originally registered.
  
• Submit:
  
  • FIR copy
    
  • Newspaper clipping of the public notice
    
  • Affidavit on non-judicial stamp paper
    
  • Identity and address proof
    
• The Sub-Registrar may issue a certified copy of the lost deed, which is legally valid for future use.
  

b. Allotment Letter, Possession Certificate, or Builder Agreement

• If the document was issued by a builder, housing board, or authority, a duplicate may be requested from the issuing body.
  
• The builder may ask for:
  
  • Affidavit
    
  • FIR
    
  • ID proofs
    
  • Indemnity bond
    

4. Prepare an Affidavit and Indemnity Bond

• A notarized affidavit must be prepared stating:
  
  • Details of the lost documents
    
  • Ownership claim over the property
    
  • That the documents have not been pledged or misused
    
• An indemnity bond may also be required to:
  
  • Hold the owner legally accountable if a dispute arises
    
  • Protect institutions like banks or buyers during resale or loan issuance
    

5. Verify Encumbrance and Mutation Records

• To support the absence of original documents, one must produce:
  
  • Encumbrance Certificate showing title continuity
    
  • Mutation records reflecting legal possession in the seller’s name
    
• These records are available at the Sub-Registrar or local revenue department and help reinforce ownership claims.
  

6. Inform Financial Institutions (if mortgaged)

• If the property is mortgaged and documents are lost:
  
  • Notify the concerned bank immediately
    
  • Follow their procedure for reissuing the loan documents or title copies
    
• Banks may insist on a legal advertisement, indemnity bond, or a police report as a condition for issuing a duplicate set.
  

7. Proceed with Sale Using Certified Copies (if permitted)

• Some jurisdictions allow property transactions using certified copies of original deeds, accompanied by:
  
  • An affidavit
    
  • Buyer’s acknowledgment
    
  • Legal verification by a registered lawyer
    
• Registration authorities may scrutinize the documentation further to prevent fraud or forged ownership claims.