Loss of original title deeds
Querist :
Anonymous
(Querist) 31 January 2012
This query is : Resolved
Dear All,
I have recently started practicing in Real Estate.
I know in case of loss of original title deeds, we need to make a public declaration in a local newspaper to invite objections and file an FIR as well.
My question is:
Is all this mentioned in Transfer of Property Act?
Also, are there any SC/Del HC judgments asserting this practice or upholding this?
Thank you very much,
Sankaranarayanan
(Expert) 31 January 2012
if the original misplaced or lost then u can get the certified copy from the sub-roisterer office and with all above said FIR and advertisement are additional evidence for the same.
ajay sethi
(Expert) 31 January 2012
if it is a flat in cooperative society it is provided that on loss of share certifcate for issue of duplicate share certifcate procdure prescribed has to be followed . issue of indemnty bond , advertisment in newspapers etc.
Querist :
Anonymous
(Querist) 31 January 2012
Mr Narayanan,
Thank you for the response.
However I am aware about the sub- registrar and FIR.
My question basically was is the Transfer of Property Act, s58 the source for this?? I mean where is it written (which Act and section) about this newspaper publication, FIR etc.
Also, could you provide me with a SC or HC judgement upholding this.
Thank you.
adv. rajeev ( rajoo )
(Expert) 31 January 2012
Paper publication is only the safety. You will get the certfied copy of original sale deed with the sub registrar office.
Sankaranarayanan
(Expert) 31 January 2012
The cetified copy of document is universly accepted. The paper advertisement and FIR are additional proof for that. So no need of citation to be needed
Advocate. Arunagiri
(Expert) 31 January 2012
There is no law, which requires the FIR and paper publication, for getting the certified copy of the property documents.
You can use this FIR and paper publication for getting back the lost documents.
Raj Kumar Makkad
(Expert) 31 January 2012
Law and procedure are two different things. Law is a guide and procedure is the way. Duplicate certified copies may not create a sense of much confidence compared to original documents so a procedure has been adopted to get the loss published in news-paper as well as in FIR.
There is no particular section of Transfer of Property supporting or denying the aforesaid procedure. I think your query is satisfied now.
Sailesh Kumar Shah
(Expert) 01 February 2012
no where in the transfer of property act provide such procedures,it is custom.
