Duplicate Sale Deed

Sale deed is a document that certifies the entitlement of a person on a given property. As the name conveys, a sale deed is one of the most essential documents to be possessed when a property is proposed to be sold or transferred, as it conveys details that are of importance to the purchaser. Considering the importance of the document, there are provisions to obtain a duplicate copy of the same in the event of a loss or misplacement. This article guides the reader, who could be the seller of a property, on obtaining a duplicate copy of this vital document.

Prerequisites to be Followed

The owner of a property can obtain a duplicate deed in the absence of an original copy after furnishing a bond of indemnity. It may be obtained after the completion of the following requirements:

Filing of FIR

First things first, the loss of a document must be addressed by filing an FIR (First Information Report), along with the pertinent information like document registration number and details of ownership to the nearest police station. If the police hasn't succeeded in tracing the documents, the concerned person would be issued a non-traceable certificate, which will be handy while applying for a duplicate copy. The Supreme Court has directed all the police stations in the country to upload First Information Reports (FIR) filed by a complainer on the respective police or government websites. This would enable the concerned person to view details of FIR and its status online.

Notification Through Print

Other than the filing of FIR’s, the applicant is also required to make an advertisement in two newspapers (one each in local and English periodicals). The advertisement should specify the loss of documents and should include an invitation for any claim over the property. If no claims are received within the specified time-limit, a letter from an advocate must be obtained to this effect.

Formulation of Affidavit

An Affidavit is to be filed on a stamp paper when the lost or misplaced document isn’t found within a reasonable period. The Affidavit must indicate the details of the lost sale deed and other relevant documents, along with which the undertaking must be signed, attested and registered with a public notary. The applicant may also include the FIR documents and copies of newspaper advertisements to the Affidavit.

Issue of Duplicate Copy

A duplicate copy of the certificate can be obtained from the respective sub-registrar’s office by submitting the FIR document, copies of the advertisements published, copy of affidavit, and an application requesting a copy of the sales deed. These documents must be supported with a prescribed fee, which varies according to different locales. The duplicate copy can be used in place of the original for sale of a property and other pertinent purposes.

Other Purposes of the Deed

A sale deed is not only used to conduct transparent sale transactions; but also for the procurement of loans towards a property. On the absence of the original sale deed, banks may require necessary documents such as Duplicate Sale Deed, affidavit; etc. so as to process the loans.

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Frequently Asked Questions

Common questions about Duplicate Sale Deed Process.

A sale deed is a legal document that certifies the ownership of a property and the transfer of its title from the seller to the buyer. It serves as evidence of the sale transaction and contains crucial details about the property and the parties involved.

Having a duplicate sale deed is essential in case the original document is lost or misplaced. It serves as legal proof of ownership and is required for various purposes, such as selling the property, obtaining loans, or settling disputes related to the property.

The first step in obtaining a duplicate sale deed is filing a First Information Report (FIR) at the nearest police station, providing details about the lost document and the property ownership.

Publishing a notice in local and English newspapers is a mandatory requirement when applying for a duplicate sale deed. It serves as a public notification about the lost document and invites any potential claims or objections regarding the property ownership.

An affidavit is a sworn statement made by the applicant, providing details about the lost sale deed and other relevant documents. It is a legal requirement and must be attested by a public notary before applying for a duplicate sale deed.

Yes, a duplicate sale deed can be used for selling the property, just like the original document. It serves as legal proof of ownership and facilitates the transfer of the property's title to the new buyer.

Along with the FIR, newspaper advertisements, and affidavit, the applicant may also need to submit copies of any other relevant documents related to the property ownership, as well as pay the prescribed fee to the sub-registrar's office.

The time required to obtain a duplicate sale deed can vary depending on the location and the specific procedures followed by the concerned authorities. It may take several weeks or months to complete the entire process.

Yes, a duplicate sale deed can be used for obtaining a loan against the property. Banks and financial institutions typically accept a duplicate sale deed as proof of ownership when processing loan applications.

While it is not legally mandatory to have a lawyer, seeking legal assistance from an experienced professional can be beneficial when navigating the process of obtaining a duplicate sale deed. A lawyer can provide guidance and ensure that all legal requirements are properly fulfilled.