Property documents, such as registry papers, title deeds, power of attorney, and so on, are the legal documents that specify the ownership rights of a person on a particular property. These documents are also required for various other purposes, such as for transfer (selling of the property), gifting or mortgaging.

However, if your property title deed is lost or damaged, you need not worry. You can obtain, what is known in real estate circles, as a true or certified copy from the sub-registrar, which will be just as good as the original. These copies will allow you to do almost anything that the original papers would have allowed you to do, such as executing a transfer or sale.

Here is what a True or Certified copy is and how you can obtain it.

WHAT IS A TRUE OR CERTIFIED COPY?

As the name suggests, a True or Certified copy is a duplicate copy of the original documents, certified by the competent authority. “A true copy - if certified by the concerned registrar or sub-registrar’s office - is as good as the original title document. One can get a true or certified copy of a registered document issued in case the original documents are misplaced, lost, defaced, or damaged,” said Santosh Pandey, Associate, Sarthak Advocates & Solicitors.

IS THE TRUE COPY LEGALLY RECOGNISED?

Yes, it is. A certified true copy issued by the concerned registrar or sub-registrar's office is as good as the original document. “It can be legally, and lawfully employed for any transaction in the property for transfer by any means - sale, mortgage, etc,” said Pandey.

HOW CAN YOU OBTAIN A TRUE COPY?

There is a set procedure or steps that you need to follow in order to obtain a certified copy of the lost or damaged documents.

Before you apply for the duplicate copy, make sure that you file a First Information Report (FIR) at the local police station about the missing document. It is not mandatorily required to file a complaint/FIR for applying for a Certified Copy with the office of the Sub-registrar. However, “in case a document is stolen or lost, it is advisable to file FIR/non-cognizable complaint with police. This helps in proving to future buyers and lenders that the document is genuinely lost,” said Aditya Khadria, Partner, Economic Laws Practice. Make sure you put in all the details of the document and the property like address, description, owner's name, co-owner's name, and so on.

The next step is publishing a notice in the newspapers. “The owner should ideally publish a notice in local newspapers in English and the local language in the prescribed format. This notice should inform the public of the loss of the original documents claiming ownership, and invite any member of the public to raise any claim on the property within a period of 15 days from the publication,” said Pandey.

Once the 15-day period comes to end, you can apply to the registrar or sub-registrar's office giving details of your property, along with the published notice, a notarized affidavit explaining the basis or justification for the application, together with a lawyer’s certificate regarding the validity of the publication of the notice.

Pandey added that the entire process may take between 8-10 weeks from the date of application submitted at the concerned registrar or sub-registrar's office.

THE COST AND TIME INVOLVED

There are various costs involved to obtain the certified copy. “The cost comprises drafting of notice, cost of advertisement, lawyer’s fees, drafting of the affidavit, and notary’s fees. The fees for application are prescribed by the concerned registrar/ sub-registrar’s office rules,” said Pandey.

While the cost of drafting and legal assistance depends on who you hire and where you are located, the cost of advertising in a newspaper differs. The fees or charges to be paid at sub-registrar offices also vary from state to state.

The fee for procuring a certified copy of a document varies in each State. “Generally the charges range between INR. 300 (Indian Rupees Three Hundred) to INR. 500 (Indian Rupees Five Hundred) per document in addition to the printing charges for the documents. Certain states like Maharashtra also allow for downloading copies of the registered documents at a nominal fee of INR 100 per document,” said Khadria.

While a true copy can serve your purpose, try and keep your original documents as safe and secure as possible. Because when you decide to sell the property, a true copy, instead of the original copy, may create doubt in the minds of some of the potential buyers.