How to Get a Duplicate Property Document or Lost Sale Deed in India: FIR, Affidavit and Certified Copy

Kaustav Chowdhury
Jun 21
4 min read

Losing an original sale deed or other property document is a serious concern for property owners in India. The original sale deed is the primary evidence of ownership, and its absence can create difficulties in property transactions, loan applications, and succession proceedings. However, Indian law provides a clear mechanism for obtaining a certified copy of a registered document from the Sub-Registrar's office. Under Section 57 of the Registration Act, 1908, the registering officer is required to provide certified copies of entries in the registration books to all persons who apply. This guide sets out the step-by-step process, required documents, and legal framework.

Step 1: File an FIR or NCR with the Police

If the document was stolen or lost in circumstances involving a crime, file a First Information Report (FIR) at the nearest police station. If the document was simply misplaced or lost without any criminal involvement, a Non-Cognizable Report (NCR) or a simple police complaint is sufficient. The NCR serves as an intimation to the police and is generated without triggering a formal investigation. Most Sub-Registrar offices accept either an FIR or an NCR as evidence of the loss.

For the process of filing an FIR, including the new zero FIR provisions: How to File a Police Complaint Online in India: Step-by-Step Process.

Step 2: Publish a Public Notice in Newspapers

Publish a public notice in at least two newspapers: one English-language newspaper and one in the local language. The notice should include the property details (address, survey number, area), the lost document's registration number and date, a description of the circumstances of the loss, and your contact details. The notice serves a dual purpose: it puts the public on notice regarding the loss (protecting against fraud) and it creates a documented record that you have taken reasonable steps to mitigate risk. Keep copies of the newspaper clippings for your records.

Step 3: Execute a Notarised Affidavit

Prepare an affidavit on appropriate stamp paper declaring the loss of the original document. The affidavit must include your personal details (name, address, age), the purpose of the affidavit, a description of the lost document (registration number, date of registration, names of parties, property details), the circumstances of the loss, and a declaration affirming the truthfulness of the information. The affidavit must be signed and notarised.

Step 4: Obtain a Non-Traceable Certificate (If Applicable)

If the police investigation (in case of an FIR) does not recover the documents, request a Non-Traceable Certificate (NTC) from the police station. The NTC confirms that the police conducted their enquiry and the documents could not be traced. This is not always required, but strengthens your application to the Sub-Registrar.

Step 5: Apply to the Sub-Registrar for a Certified Copy

Under Section 57 of the Registration Act, 1908, the books maintained by the registering officer (Book No. 1 for non-testamentary documents relating to immovable property, such as sale deeds, mortgage deeds, gift deeds, lease deeds, and partition deeds; Book No. 2 for testamentary documents such as wills) are open for inspection by any person. Certified copies of entries in Books No. 1 and 2 shall be given to all persons applying. Section 57(5) provides that all copies given under this section shall be signed and sealed by the registering officer and shall be admissible for the purpose of proving the contents of the original documents.

Submit your application at the Sub-Registrar's office where the original document was registered, along with: a copy of the FIR or NCR, newspaper clippings of the public notice, the notarised affidavit, the Non-Traceable Certificate (if available), identity proof (Aadhaar, PAN), and address proof. Provide the registration number, date, and names of the parties if you have this information (check old property tax receipts, bank loan documents, or previous sale deeds in the chain of title).

For the property registration process: How to Register a Property Sale Deed in India: Sub-Registrar Process, Stamp Duty, and Documents.

Timeline and Fees

For documents registered after 1999 (which are generally available in digital form), certified copies can typically be obtained within 15 to 30 days. For older documents registered before 2000, the process may require a manual search at the Sub-Registrar's office and can take 30 to 90 days. In Maharashtra, the timeline is typically up to 45 days from the date of application. Fees vary by state and are prescribed under the respective State Stamp and Registration Acts and Rules. Online application is available in many states, with some offering processing within 3 working days for digitised records.

Legal Status of a Certified Copy

A certified copy of a registered sale deed, obtained under Section 57(5) of the Registration Act and read with Sections 65, 74, 77, and 79 of the Indian Evidence Act, 1872, is admissible as secondary evidence in court proceedings. The Supreme Court, in Appaiya v. Andimuthu @ Thangapandi, allowed an appeal and restored the trial court's decree based on a certified copy, overturning a High Court ruling that had insisted on production of the original. A certified copy from the Registration Department, combined with an unbroken chain of title documents, constitutes valid secondary evidence of the contents of the original deed.

One important qualification: under Section 35 of the Indian Stamp Act, if the original document was required to be stamped and was insufficiently stamped, secondary evidence (including certified copies) is equally inadmissible until the stamp duty deficiency and penalty are paid.

For succession and property transfer after death of the owner: How to Transfer Property After the Death of the Owner in India: Process, Documents and Mutation.