The Affidavit For Loss Of Property Documents is a crucial legal instrument in the Indian legal system, required when original property documentation has been misplaced, stolen, or destroyed. This document becomes necessary when conducting property transactions, seeking duplicate documents, or establishing property ownership in the absence of original documentation. It must contain specific details about the lost documents, circumstances of loss, and efforts made to locate them. The affidavit serves as a temporary substitute for original documents and helps protect against potential property fraud. It must comply with the Indian Registration Act, Indian Oaths Act, and relevant state laws. The document is particularly important for property owners, financial institutions, and legal professionals dealing with property matters where original documentation is unavailable.
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1. Title and Jurisdiction: Specifies that this is an affidavit, names the deponent, and states the relevant court/authority jurisdiction
2. Deponent Details: Full identification details of the person making the affidavit including name, age, occupation, and complete address
3. Property Details: Complete details of the property including address, boundaries, measurements, and registration details if available
4. Lost Document Details: Specific details of the lost documents including type, date of execution, registration numbers if any
5. Circumstances of Loss: Detailed explanation of how and when the documents were lost or misplaced
6. Steps Taken: Description of efforts made to locate the documents, including police complaints, newspaper advertisements, etc.
7. Declaration of Non-Encumbrance: Statement that the property is free from encumbrances and the documents haven't been deposited anywhere as security
8. Verification Clause: Standard verification statement confirming the truth of the contents of the affidavit
1. Previous Transfers: Details of any previous property transfers or chain of ownership, if relevant to establishing title
2. Additional Claims: Statement regarding any pending claims, disputes, or litigation related to the property
3. Witness Statement: Statements from witnesses who can verify the existence and loss of the documents, if available
4. Family Declaration: Statement from family members confirming the loss of documents, particularly relevant in case of inherited property
1. Annexure A - Property Documents List: Detailed list of all lost documents with available reference numbers and dates
2. Annexure B - Police Complaint: Copy of the FIR or police complaint filed regarding the loss of documents
3. Annexure C - Public Notice: Copies of newspaper advertisements or public notices published regarding the loss
4. Annexure D - Identity Proof: Copies of deponent's identity documents like Aadhaar, PAN card, etc.
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