How to get duplicate copy of property documents & Importance of Sale Deed

But what if these documents are lost for any reason? This may happen due to the carelessness of the property owner or the bank from which one has taken a home loan. A homeowner may not be able to rent or sell a property in the future or avail of a loan against it without the necessary land papers or property documents in original. One may even face certain legal complications. Thankfully, there is a process through which property owners can get duplicate copies of the documents lost by them.

One can follow the steps mentioned below in the article to get duplicate land or property papers.

Why is a Sale Deed important and why you can’t afford to lose it.

The sale deed is one of the most critical legal documents in property transactions. It serves as proof of ownership and acts as the foundation for establishing property rights. Whether you're buying, selling, or transferring property, the sale deed is indispensable for the following reasons:

• Legal Evidence of Ownership: It verifies that you are the rightful owner of the property, protecting your rights against fraudulent claims.
• Mandatory for Resale: When selling your property in the future, potential buyers will require the original sale deed to verify its authenticity.
• Crucial for Home Loans: Banks and financial institutions insist on reviewing the sale deed before approving loans for purchasing or mortgaging property.
• Facilitates Disputes Resolution: If any ownership disputes arise, the sale deed serves as a legal document to establish your claim in court.

Losing your sale deed can lead to complications, including difficulty securing a loan, transferring ownership, or even establishing your legal claim over the property. Hence, it’s essential to keep this document safe and secure.

How to get duplicate copies of property documents?

It’s not uncommon for property buyers to ask, “I have lost my original documents. What should I do now?”

Below are the steps that they can follow to get duplicate copies of the lost documents:

Step 1 – File an FIR in the local police station

The first thing a homebuyer needs to do to retrieve lost property papers is file a First Information Report (FIR) by approaching the regional police station. One can also file an online FIR for lost property documents by visiting the official website of the state or city police under whose jurisdiction the property lies.

The FIR should mention the name of the property owner, details of the lost documents, and the manner they were lost. After an FIR is lodged by the property owner, the police will try to find the lost documents. One can check the details of an FIR, including its status, by visiting the respective police Commissionerate or state government’s website.

In case the police are not able to trace the lost property papers, they will issue a non-traceable certificate.

Step 2 – Give an Advertisement in Newspapers

Next, the homeowner is required to publish an advertisement about the lost property documents in the “Lost and Found” sections in at least two local newspapers. One of the newspapers can be in a regional language, and the other can be in Hindi or English.

The advertisement should mention the list of the documents that have been lost along with a request to whosoever finds them to return them to the property owner. Once the advertisement is published, the property owner can wait for at least three to four weeks to see if someone returns the documents.

Step 3 – Prepare an Affidavit

If no one returns the documents even after a few weeks, the next step that a property owner needs to take is to prepare an affidavit about the lost property papers. This affidavit must be filed on stamp paper and should mention the details of the sale deed and other documents that have been lost.

The property owner should also mention an undertaking stating that the facts mentioned in the affidavit are true to one’s knowledge. Then, the affidavit needs to be attested, signed, and registered with a public notary. One can attach these documents with the affidavit to support their case:

FIR copy
Non-traceable certificate
Newspaper cutting
Any document to prove property ownership

Step 4 – Visit the Sub-registrar’s Office

The last step of how to get a duplicate copy of the sale deed requires both parties to visit the office of the sub-registrar with whom the property was originally registered. One should not forget to take all the documents mentioned above while visiting the sub-registrar’s office.

The sub-registrar will then verify the documents. Once all the documents are verified, a duplicate copy of the property papers will be issued to the property owner in 15 to 20 days.

It is to be noted that the duplicate copy of the sale deed from the Sub-Registrar’s office can be procured only if the same is done in the same year.

Is it possible to get a home loan without the original Sale Deed?

Obtaining a home loan without the original sale deed is challenging but not entirely impossible. Banks and financial institutions treat the sale deed as a critical document to verify the property's ownership and ensure a clean title.

However, if the original sale deed is missing, here’s what you can do:

• File an FIR: The first step is to report the loss of the sale deed at your local police station and obtain a First Information Report (FIR).
• Obtain a Certified Copy: Visit the local Sub-Registrar’s office to apply for a certified copy of the sale deed. This document can serve as a temporary alternative.
• Submit an Indemnity Bond: Most lenders require an indemnity bond from the borrower, indemnifying the bank against potential legal claims on the property.
• Show Additional Documentation: Banks may ask for other property-related documents like the chain of ownership, tax receipts, or approved building plans to assess the credibility of your loan application.

While these steps may enable you to proceed with a home loan, banks might still hesitate or impose stricter terms due to the absence of the original sale deed. Therefore, it’s advisable to secure a certified copy promptly and work with a legal expert to strengthen your documentation.

To Conclude

If a property owner is worried about how to get a duplicate copy of the land registration deed and other documents, following the steps mentioned above can help. In case the documents are lost by a bank representative, one can lodge an online complaint for missing land documents with the bank, and it will bear the entire brunt, including financial implications, to restore them.

Disclaimer- This article is based on the information publicly available for general use as well as reference links mentioned herein. We do not claim any responsibility regarding the genuineness of the same. The information provided herein does not, and is not intended to, constitute legal advice; instead, it is for general informational purposes only. We expressly disclaim /disown any liability, which may arise due to any decision taken by any person/s basis the article hereof. Readers should obtain separate advice with respect to any particular information provided herein.