Property registeration with certified copies

Hi Ashok,

Selling and registering property without original title documents can be tricky but not impossible. Here’s a general guide based on your situation:

Selling Property with Certified Copies & No Originals

1. Certified Copies Validity:

   • Certified copies of ownership and decree can help establish your claim.

   • Municipal tax receipts, patta (land record), and possession history strengthen your case.

2. Legal Opinion / Title Search:

   • Get a legal opinion from a property lawyer to verify clear title based on certified documents.

   • The lawyer can also conduct a title search at the local registrar’s office.

3. Succession Certificate / Probate (If needed):

   • Since original documents were with your late mother, check if you need succession certificate or probateto prove ownership transfer legally after her death.

   • This is especially important if the property was in her name originally.

4. Affidavit Explaining Loss of Originals:

   • You may need to prepare an affidavit stating the loss of original documents and confirming your ownership.

   • This affidavit may have to be notarized.

5. Obtain a Certified Copy from Court/Authority:

   • You can try to get a certified copy of the original registered sale deed or title documents from the sub-registrar office or local land records office.

6. Sale Deed Execution & Registration:

   • Buyer’s lawyer will likely insist on proper documentation.

   • During registration, submit the certified copies, affidavits, and supporting documents.

   • Registrar may accept certified copies along with indemnity bonds or affidavits, but it depends on local registration office rules.

7. Possible Objections & Delays:

   • Expect extra scrutiny and possibly delays.

   • The buyer might want an indemnity bond protecting them against future disputes.

My Suggestion:

• Consult a local property lawyer ASAP to prepare all documents, affidavits, and guide you on procedural compliance.

• Try to trace original documents in government archives or with banks if they were mortgaged.

• Inform the buyer well in advance to avoid surprises at registration.