By Arosh John – Founder, John Real Estate (MahaRERA Reg. No. A51700001835) & Editor-in-Chief, Thane Real Estate News (TREN)
Thane–MMR | December 2025
Losing your original registered Agreement for Sale is an uncomfortable experience. It is not common, yet it happens — during shifting, while reorganising old files, or when documents move between banks, lockers, and homes.
The important fact every homeowner in Thane, Mumbai, and Maharashtra should know is this:
Your ownership does not depend on the physical original you kept at home.
Once registered, your Agreement for Sale becomes part of the Government of Maharashtra’s permanent record under the Registration Act, 1908, securely maintained by the Sub-Registrar.
This means the loss of the physical paper — while unfortunate — is something the law fully allows you to correct calmly and systematically. Below is the safest, most widely accepted procedure followed by conveyancing advocates, banks, and housing societies across Thane–MMR.
1. File a Police NC – The First and Essential Step
Your documentation trail begins with the Non-Cognisable (NC) complaint, which:
- Creates an official record of the loss
- Establishes a timestamp recognised across institutions
- Demonstrates transparency and good faith
The NC should clearly mention:
- Loss of the Original Registered Agreement for Sale
- Full Property Details
- Your Name and Contact Information
- Approximate Date/Period of Loss
This step removes ambiguity and forms the foundation for all subsequent actions.
2. Publish a Public Notice – The Standard Transparency Practice
Once the NC is filed, the next step is to publish a public notice in:
- One English Daily, and
- One Marathi Daily
with circulation in your locality.
The notice invites anyone holding the document or having objections to contact you within 14–21 days.
Why this step matters:
- It demonstrates full public transparency
- It safeguards you from unknown claims or misuse
- It strengthens credibility before obtaining the certified copy — a preferred practice among Thane–MMR lawyers
- It is crucial during future resale or loan processing
Most property owners receive no objections, and the process proceeds smoothly.
3. Obtain a Physical Certified Copy from the Sub-Registrar (SRO)
After the NC and public notice, apply for a physical Certified True Copy (CTC) at the Sub-Registrar Office where your agreement was originally registered.
Why this is the preferred approach:
- A physical CTC with the SRO’s seal is universally accepted by banks, societies, advocates, and courts
- Digitally signed copies exist, but their acceptance varies; physical CTC remains superior in real-world transactions
- The certified copy becomes your working “original”, used for resale, mortgage, verification, and society documentation
This is the key document that restores documentary continuity.
4. Prepare an Affidavit and Indemnity (If Advised by Your Advocate)
To further strengthen your file — especially for resale or financing — your advocate may prepare:
- Affidavit of Loss, Explaining the Circumstances
- Indemnity Bond, Protecting Buyers, Lenders, or Society from Claims Arising Due to the Missing Original
These documents are not always mandatory but provide assurance and clarity to all stakeholders.
5. Update Your Housing Society Records
Submit the following to your housing society or apartment association:
- Certified True Copy (CTC)
- Police NC
- Public Notice Clippings
- Affidavit and Indemnity (If Executed)
Updating the society records ensures:
- Smooth NOC issuance for resale or mortgage
- Clarity during redevelopment processes
- No disputes during buyer verification
This final step closes the loop on your documentation.
How Buyers, Banks and Lawyers Interpret This Situation
To professionals, a lost original is:
An administrative issue — not a title defect.
When the process is followed in the correct sequence:
NC → Public Notice → Certified Copy → Affidavit/Indemnity → Society Update
buyers, banks, and advocates are satisfied with the clarity and integrity of the documentation.
Resale and loan transactions typically proceed without difficulty once the certified copy and legal trail are in place.
A Difficult Moment — But Entirely Repairable
Maharashtra’s registration framework was designed to protect homeowners from precisely such situations.
Your ownership is safeguarded by:
- Registration,
- Permanent Government Records,
- Availability of Certified Copies, and
- A Clear, Systematic Remedial Process
Handled patiently and correctly, the situation becomes fully regularised — preserving your title clarity, resale prospects, and financial credibility.
About the Author
Arosh John is the Founder of John Real Estate (MahaRERA Reg. No. A51700001835) and Editor-in-Chief of Thane Real Estate News (TREN). With more than a decade of specialised experience across Thane’s residential market, premium villas, complex resale transactions, and NRI advisory, he is recognised as one of the emerging authoritative voices in Thane real estate. His work blends regulatory precision with ground-level insight, helping buyers, sellers, and investors navigate the region’s property landscape with confidence.
Disclaimer
This post provides general informational guidance based on the Registration Act, 1908, the procedures of the Department of Registration & Stamps (IGR Maharashtra), and prevailing conveyancing practices in Thane–MMR. It should not be considered a substitute for professional legal advice. Readers are encouraged to consult a qualified advocate and verify all procedures and requirements with the relevant Sub-Registrar Office before acting.
