Loss of original title deed - steps you need to take.

Sometimes it so happens that either during transit or when a person is shifting his or her residence the original title deed gets misplaced or is gets stolen. It is cause of great concern and stress. One is confused as to what needs to be done to solve the crisis that has arisen. Instead of panicking there are few things that one has to do to set right the wrong that has occurred.

There is no written law in any books that tell you what is to be done. There are few precautions and steps that one needs to take just to put oneself in a safer position. The set of documents relating to the property may include the title deed, parent deed, EC, tax paid receipt etc., they may be originals or extracts. If its the sale deed that is lost, its a cause of concern. If its an EC that is lost, you can always apply for another. Each document of a different nature has to be treated differently. What one has to remember is that the loss of a title deed is not loss of the title to the property. 

Steps to be taken.

1) If the original title deeds are lost, the usual procedure is to give a paper publication notifying the loss of original documents. The public is invited to file their claims or objections, if any, within a specified period in this regard. This is usually issued by an advocate. It is published in an English and local daily.

2) If no claims are thereafter received, the Advocate will issue a Certificate to that 

effect. 

3) In case the document has been taken away without the consent of the owner or if it has been stolen it is better to file a complaint with the police and obtain a certificate from them that the original deed is not traceable.

4) If the document is a registered one, then certified copies of the said document can be applied for and obtained. 

6) In case you are the buyer then it is always better to obtain a declaration from the vendor about the loss of the original deed along with the reasons for the loss, because there may be a chance that the title deeds may have been pledged by the vendor or given as security. There may be a possibility of fraud. It is for the buyer to make all the necessary enquiries and then make the purchase. 

Disclaimer: 

The information herein is of a general nature and is not intended to address the issues of a particular individual or entity. Effort has been made to provide accurate and timely information, but there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate thereafter.

No person should act on such information without appropriate professional advice based on the circumstances of a particular situation.