The Collateral World of Mortgaging Property
January 21, 2022
June 25, 2022
Have you ever wondered what would happen if you lost property papers of your house? If yes, we will guide you with the steps to file your land document missing online complaint. If not, you will know the importance of lost property documents and how essential they are for anyone owning a house or looking into selling property.
If you are a property owner, you know how essential property documents are. These documents are proof of ownership and are required if you intend to sell your property or use it for any other purpose.
The property documents of your house play an essential role in buying or selling properties. It is indeed quite challenging to sell the property without adequate paperwork. If you lose your documents, you will have to shell some extra money to obtain duplicate property papers.
Below are a few necessary steps to take if you have lost your property documents.
As soon as you realise you’ve misplaced your property documentation, go to the nearest police station and file an FIR (First Information Report). The FIR shall include specific facts such as the actual scenario, which may consist of displacement, loss, or theft, as well as the location of the incident. Upon filing their complaint, they must receive a copy of the same. Even if the property is mortgaged and the bank misplaces the documentation, the owner must file an FIR. The owner should make a copy of the FIR and save it for future reference.
The buyer should ask the seller for a copy of the FIR. Based on the police complaint, the owner can apply to the housing society for a duplicate share certificate, which can be obtained by applying to the society meeting. If the application is granted during the management committee meeting, the housing society may charge a fee for a copy of the share certificate.
After filing the FIR, you must post a property document lost advertisement in a newspaper. It must be published in an English newspaper and any regional newspaper. If the missing papers are discovered, a notice should state the property’s details, lost documents, and contact information. Then you must wait 15 days to see whether somebody finds and returns lost property documents to their rightful owner.
This is a step in the process of locating the original documents of the property that were lost. Since the property document lost advertisement in a newspaper will include all pertinent information about the property, this will help raise awareness about the theft so that members of the public can help return the papers to their rightful owners.
Through this step, the buyer can summon any property claims within 15 days of the notice appearing in the publication. The No Objection Certificate (NOC), which all lenders require, is another vital document that owners and purchasers need from a housing society.
If your property is part of a housing society, you’ll need to contact the Resident Welfare Association (RAW) to obtain a duplicate share certificate. You’ll need to fill out an application and submit the FIR and the newspaper notice to the RWA. The RWA will convene a meeting, after which they will examine the documents provided by you as proof of loss. The housing society will charge you a fee and offer you a share certificate if your application is granted. Also, request a Non-Objection Certificate (NOC) from them, as this is required for further transactions.
The next stage is to prepare an undertaking on stamp paper concerning the loss of the property papers, with the text of the advertisement published in the newspaper and the police complaint number.
All the necessary details of the property printed in the newspaper advertisement should be outlined, and the police complaint number must be mentioned in the undertakings. Additionally, the notice must clearly state that every detail mentioned in the undertaking should be declared valid. After submitting all the necessary documents, the notary will examine and certify the documents upon approval; your pledge will then be legally bound.
The next step is to obtain a duplicate copy of the selling deed for the property. You must file copies of the police complaint, the advertising text, the share certificate, and the undertaking stamped by the notary to the registrar’s office since all property transaction records will be held in that office. Then you must pay the fees and receive a duplicate copy of the selling deed.
To get duplicate copies of the sale deed, apply to the property registrar and the necessary papers. The required fee for acquiring a duplicate must be paid in the registrar’s office.
Following that, a copy of the selling deed will be issued. If the property is older, it is crucial to obtain a title report of the document to ensure that it is free of encumbrances.
While collecting duplicate copies of your lost property paper requires some price and time, it is still worthwhile since you will end up with a legally-certified copy of your property’s selling deed. Banks generally hesitate to sanction loans to owners who complain of lost property papers. However, they may approve the home loan against the property after authenticating duplicate property documents. Remember that loan approval is solely at the discretion of the bank. All in all, it’s always a good idea to keep your property paperwork safe.
Buyers are recommended to get a bank loan to acquire these homes. First, the bank’s legal staff will verify property-related paperwork, including police complaint records. It will next check the documents’ legitimacy. Of course, any fees incurred due to the additional paperwork or legwork must be borne by the borrower.
These days, problems like lost property documents or lost property papers are relatively common. Documents generally go missing from banks because of the carelessness on the part of the property holder, or negligence from the bank. Do not take lost property documents as a light matter; it is a serious concern. If someone with not-so-good intentions finds your lost property papers, you might end up losing your home. Take strict action and resolve the situation as soon as possible if your banker has carelessly misplaced your documentation. After all, is said and done, it is essential to keep your property documents safe in the first place.