Duplicate property documents

I received a forward from my brother’s son that Laminated Property Documents are not accepted.

I checked up with Lawyers.

As usual they are divided in their opinions.

While there seems to be no law against Laminating property documents for its acceptance, there seems to be case for not laminating as if the said property gets into a legal tangle it becomes difficult for the Experts to verify the Signatures and Thumb impressions, though it can not be safe.

However since it is our property, better play it safe and do not laminate the documents.

If the Document is becoming aged, apply for a New one and get it.

“That’s good.However there is no bar of law for lamination.There must not be any tempering in the document…

Normally the parties takes allegation of forgery of signatures and when the other party disputes the allegations, the court will send the original documents for expert opinion i.e. finger print expert and forensic science laboratory. Then it will be difficult for the expert to come to the conclusion that whether the signature is genuine or forged. Normally the experts will conduct chemical test on the papers and ink they used, where they cannot get good results. Then the case may become weak. In my opinion it is better not to laminate the paper, instead you can paste a cloth with gum back of the document.”

http://www.lawyersclubindia.com/experts/Lamination-of-old-property-documents-381751.asp#.Up18m9IW25w

How to Get Duplicate of Property Document.

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Checklist of what a seller or property owner must do

What the Property Owner/Seller Must Do? Here is a checklist of what a seller or property owner must do if he or she misplaced the original property documents.

File a Police First Information Report (FIR): First thing any property owner must do is to file a police first information report about the lost documents. In case the owner is selling a property without its original documents, the potential buyer must get a copy of the police FIR to avoid any hassles.

Place an advertisement: Once a FIR is filed, the owner needs to place an advertisement in a local language newspaper as well as an English daily newspaper clearly stating the loss of the original documents. In case of a buyer, he or she is also advised to advertise a notice announcing any stakeholders of the property in question to contact within a stipulated time period.

Apply for a duplicate share certificate: In case of a residential property, the owner will need to get a duplicate share certificate from the respective housing society. Housing societies charge a nominal fee in genuine cases for issues a duplicate share certificate. A no objection certificate (NoC) from the housing society is also important in case the owner plans to sell the property in the near future.

Sign an Undertaking: The property owner will then need to sign an undertaking on a stamp paper clearly stating that he has lost or misplaced the original documents related to the property mentioned in the undertaking. The copy of police FIR, newspaper advertisements must be attached to the undertaking. The undertaking needs to be attested and registered with a notary to have any legal value.

Apply for Duplicate Sale Deed: After completing all the above mentioned procedures, the property owner can approach the registrar for issuing a duplicate copy of the sale deed. The owner will need to submit all of the above mentioned documents and pay a nominal fee depending on the state concerned to get a duplicate copy issued.

Hire a Legal Consultant: There are many complications when it comes to losing the original property documents. Even after following all of the above procedures, it may be difficult to obtain any loans on the property. Most banks are quite skeptical in approving loans to any property with legalities attached. In case of any difficulty in any step, it is recommended to hire the services of a professional legal consultant.”

Source:

http://www.commonfloor.com/guide/how-to-get-duplicate-documents-of-property-26830.html