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Ashwin D Panemangalore   01 April 2024

Lease deed of tenant ownership society lost

Our society purchased a plot of land in 1961 demarcated it into 40 subplots and leased them each on permanent basis to the first owner members between 1967 and later 

The first owners have all passed away However some of the plots are now owned by their legal heirs like me who live in bungalows built by the parents on the plots since many decades 

About 12-15 of us are unable to locate the registered lease deed with the society though other documents like share certificates are available The deed copies are also not available in the society office 

As there are no proper references of when the lease deeds were registered,  the sub registrars office is unable to entertain our request for a certified copy

What is the way out ? Do we have to sign a fresh deed and pay stamp duty at current rates ? 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     01 April 2024

You can file an application for title trace through your advocate.

Tracing of the title suggests that tracing the history of property through documents, Government records, however this owner got property. This is often a really difficult exercise and solely professionals specialized in property laws of Central, State and latest court choices may facilitate to trace the title.

One may do a survey of the title of the property himself also by visiting the office of the registrar.

kavksatyanarayana (subregistrar/supdt.(retired))     01 April 2024

If you know the document number then apply to the Sub Registrar concerned for a certified copy of the deed.  It is very difficult as it is an old record.  So request the Sub Registrar to issue the certified copy of the deed or EC from the year 1966 to a minimum period of 40 years  by giving him atleast one or two months time. Or request him to give permission to search the records by an advocate or a professional expert. 

Dr. J C Vashista (Advocate )     02 April 2024

You or your lawyer will have to search title / encumbrance / lease of the plot stated to have been purchased.

Ashwin D Panemangalore   02 April 2024

Thanks documents pertaining ing to sale  of the main plot by the Corporation to the society and the property card of the subplot showing me as the owner are available Originsl owner was my father 

what is missing is the perpetual lease deed signed between my father and the society 


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