Surya (Manager) 30 October 2012

Original property documents lost

Hi,

My father-in-law helped me in buying properties at his place 2 years back. I didn't take the original documents from him as he said he needs them to get passbook etc for the agriculture land and I trusted him. My wife and I separated 2 years back and now he is blackmailing me that he financed the properties and they belongs to him even though they were registered on my mother's name. He is supporting his argument based on the possession of the original documents.

I am thinking to give police complaint saying that we lost the documents and get the duplicates from the registrar office and sell them. Can someone please suggest whether this is the best way or is there any other option available?

If I want to sell the property, can my father-in-law create any issues by having the original docs with him. If he goes to court and says he financed the properties, will he get the rights on the property even though it was registered on others name.

I really appreciate your suggestions.

Thanks!!

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7 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 30 October 2012

Dear Surya,

1. Merely having original property documents won't really help him, unless he decides to forge your signatures and sell further.

2. You can file an FIR as to wrongful retention/Criminal Breach of Trust of property papers, and then on that basis get certified copies from the Sub-Registrar. It would be a good idea to get certified copies first and then sue your father in law for criminal misappropriation/criminal breach of trust.

Good Luck !

Bharat Chugh

Advocate Supreme Court of India

Law for the Layman : www.advocatebharatchugh.wordpress.com

Advocate Vishnu (Advocate) 30 October 2012

you can sell the property using a certified copy of the said properties. Prior to that , just make a formal complaint at the local police station limits that your documents have been misplaced by your in law and also a newspaper publication through court on the loss of the said documents.

Pl follow the above mentioned procedure and you will be relieved from your present troubles.

Varun Desai (Advocate) 30 October 2012

Ya Advocate Vishnu is Correct, you have to give police compliant and paper publication for loss of Documents and no body can restrain you to sell your property.

adv. r r kedar (ll. b) 30 October 2012

you need not to do anything, possession of documents does not creat any right in immoveable property

Ajit Singh Cheema (practising Advocate) 30 October 2012

Certified copy of the title deed is not a substitute for the original title deed .with the loss of title deed there is presumption that the same is placed with some financial institution for financing .

ankur tripathi (Asst Manager) 02 November 2012

a property search will let you know whether those documents are misused or not .....this procedure is done by banks before giving a loan against property... after that u can take the steps mentioned by the lawyers

Manik Kapoor 15 December 2023

Hey i have aquery if my propert paper are lost and the power of attorney is my father and the propery name was in mothers name can some one miss uses the document
I have done an online Fir will that work or do i have to got to ploce station then the filling can happen