vivaasvann (PM) 01 May 2012

Sale deed lost / link document

My Grand Father purchased a house in 1956 and got the sale deed registered. We want to develope the property Now. The problem is the sale deed is lost and we dont have any info about it ( the doc #, year of purchase etc ), in which year it was registered. The SRO office cannot trace the doc with out clues. We want to develop the property and sell the flats. Since it will be hard to sell the Flats without link docs, i am still getting the docs searched in records. We are lucky that we have a Registred Will executed by my grandfather in the year 1977. We have been paying taxes on this property since 1956 and the property is in our possession. Unfortunately there is no mention about the sale deed number etc in the Will. Please advise

Thanks in advance

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3 Replies

vengalrao (advisor) 01 May 2012

hello surya bangaru dis is rao from secundrabad property consultant pls mail ur contact number 2 my mail adress ajvrao2002@yahoo.co.in

Ajit Singh Cheema (practising Advocate) 01 May 2012

There is a presumption attached with the lost title deed and that is it may be equitably mortgaged with a financial institution.In the facts of your case , a declaraory suit is advisable,pleading the regitered will as well.The declaratory decree may be as good as a title deed, and may serve your purpose.With best wishes.

KIRAN M C (ASSOCIATE) 02 May 2012

Hi, I have faced a similar problem. But i am in process of getting the solution. As per my knowledge, you can do the following things before initiating any suit or so...

Apply for EC since 1977 specifying the Survey No. of the property. It will reflect all the transactions on the property since that date, if any. (For this, you may need to pay some EXTRA fee in the SRO)
Based on the details obtained in EC, apply for copy of Sale Deed if it is available.
Based on the details obtained in EC, apply for Khata Extract in City Corporation Office.

Lastly, please update me about the other procedures, if you succeed in getting the original documents. Because, even i dont know if i am right in doing what i was supposed to do for this... My email id is kiranmctv@gmail.com.

Thank you.