Mitul Kumari (Practicing Advocate) 17 February 2020

Lost documents

If a property has 2 owners, can 1 person register an FIR and get the duplicate of the lost sale deed

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7 Replies

Real Soul.... (LEGAL) 17 February 2020

Why to file an FIR , the share holder can file application for certified copies of sale deed.

Mitul Kumari (Practicing Advocate) 17 February 2020

But can it used as original if I want to sell or transfer the property??

Real Soul.... (LEGAL) 17 February 2020

dear query is not clear .

IF you mean to say that can either of the share holder can sell the property by way of original sale ded ,the reply is;

Yes; if the property is partitioned and seperate shares has been defined and entered in revenue records.

No, if the property is not partitioned and the sale deed has two partners and only one partner tries to sell the property in absence of other. However if you apprehend any msichief you can file for partion suit and get the property divided as per the shares mentioned in the sale deed.

Mitul Kumari (Practicing Advocate) 17 February 2020

No. The property is not partitioned and not intended to sell without the knowledge of the other share holder. It's only that the other share holder is not in the country n the deed is lost. The 1st owner wants to gift her share.

Sourav Das (Advocate Supreme Court of India) 17 February 2020

Apply for certified copy before registrar

Real Soul.... (LEGAL) 17 February 2020

There is not bar if either of parties want to gift the property ,just if they don't know the specification of property it is much better to get a certified copy of sale deed from the registrar court .