Response

Usually when a title deed (adharam) is lost, we have to register an FIR regarding loss and also a paper publication asking if somebody got it specifying a time limit to return if received. Then obtain a certified copy from the Sub Registrar’s office and again make a paper publication stating the details of the said certified copy (stamp paper number etc) and informing the whole public that since the original is irrecoverably lost, the said certified copy will be treated as original for all purposes.

Filing an FIR
The first step is to visit the nearest police station and file a first information report (FIR). The FIR needs to mention that the papers are lost. A copy of the FIR should be taken by the owner and preserved for future reference.

_Notice in newspaper
A notice should be published in English and regional language newspapers stating particulars of the property, documents lost and contact details should anyone find the missing papers.

_Share certificate
In case the share certificate allotted by a housing society is misplaced, one has to apply for reissue of the same. The FIR copy and newspaper notice have to be furnished with the application. The society may impose charges for reissue of certificate.

_Undertaking
The owner has to make an undertaking on stamp paper, to be submitted at the registrarÕs office, with details of the property, lost documents, copy of FIR and copy of the newspaper notice. The undertaking must be registered, attested and notarised.

_Application for duplicate sale deed
An application with the following documents must be made to the property registrar to obtain duplicate copies of the sale deed. The prescribed fee for obtaining a duplicate will have to be deposited in the registrarÕs office:

Copy of FIR
Copy of newspaper notice
Copy of share certificates issued
Notarised undertaking.

Reference: Laws Applicable: Transfer Of Property Act

202100292-20210042-22396

LAWAYZ-2023-221