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Jaykumar S (SE)     22 March 2013

Missing sale deed questions

My Mother had misplaced her property document and i filed a police complaint about the missing document last month. I also got acknowledgement from police and went ahead with a settlement deed to my name last week. The settlement deed mentions that since the document was missed by mother, she is handing over the certifed copy. 

Now i got a certificate from Police that the document is not traceable dated this week and i understand now that i need to provide a public notice in a English and local daily news paper through an advocate asking for claims by giving 7 days time. After that i need to get the certificate from lawyer and  then proceed with an affidavit.

Now the question i have is, Since the property is now in my name, under what name the adv should be published and who is provide an affidavit ? my mother or myself ? Please note that in sale deed its metioned that my mother has missed the document and hence she is handing over the certified copy.

Please help.



Learning

 4 Replies

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     22 March 2013

You have hurried up to draw the settlement deed. You should have waited until all the procedure is complied with respect to the earlier lost deed. Now in case if you have not registered the settlement deed, then you may carry all the procedure like providing a public notice in a English and local daily news paper through an advocate asking for claims by giving 7 days time. After that getting the certificate from lawyer and then proceed with an affidavit of your mother and then register the settlement deed. Here the procedure mentioned above is to be carried out by your mother as she has lodged the complaint and not you. Or else cancel the settlement deed and re do it again after complying with the mentioned procedure.

Adv Vandana Vaidya.

Jaykumar S (SE)     23 March 2013

The settlemet deed has been registered. is it possible to cancel the settlement deed by my mother ?

jayakumar.R (ADVOCATE & LEGAL CONSULTANT)     23 March 2013

What Vandana says is correct

Jaykumar S (SE)     23 March 2013

I understand now that i hurried up. But the settlement deed has a clause that my mother does not have a right to cancel it. With this situation what are my options ? Can i ask my mom to give a public notice like "I lost the sale deed on <X> date and i transfered the property to my son on Y date, who so ever has any claim please respond with in 7 days, or any other claims will be waived or some thing like that.

Please help.


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