Losing the original property document (Adhaaram / Title Deed) can be stressful and alarming. However, it is important to understand clearly that loss of an Adhaaram does not mean loss of ownership. We can legally recover, safeguard, and continue to transact property even if the original Adhaaram is lost, misplaced, or destroyed. This detailed guide explains the exact legal procedures to recover a lost title deed in Kerala, step by step, in a precise and authoritative manner.
What Is an Adhaaram or Title Deed?
An Adhaaram (Title Deed) is the primary legal document that proves ownership of immovable property such as land, house, villa, flat, or commercial building. It contains critical details including:
Owner’s name
Survey number and boundaries
Property extent
Registration number and Sub Registrar Office
Nature of ownership and transaction
Loss of this document affects future sale, mortgage, bank loan, or legal verification, but ownership remains intact.
Common Reasons for Loss of Original Adhaaram
We commonly encounter loss of property documents due to:
Misplacement during house shifting
Theft or burglary
Fire, flood, or natural calamities
Damage due to insects, moisture, or aging
Loss during bank loan closure
Negligence by agents or third parties
Regardless of the reason, law provides a clear recovery mechanism.
Immediate Step 1: File a Police Complaint (FIR)
The first and most critical legal step is filing a police complaint (FIR) at the nearest police station where the loss occurred.
What to Mention in the FIR
Exact nature of the document lost (Original Adhaaram / Title Deed)
Property details (Survey No, Village, Taluk, District)
Registration number and year
Date and place of loss
Owner’s full name and address
After verification, the police will issue a FIR or Loss Certificate, which is mandatory for all further procedures.
Step 2: Publish a Newspaper Advertisement (Public Notice)
We must publish a loss of document notice in two newspapers:
One Malayalam daily
One English daily
Purpose of the Newspaper Notice
To inform the public about the lost Adhaaram
To prevent misuse or fraudulent claims
To invite objections, if any
Essential Details in the Advertisement
Owner’s name
Property description
Registration details
Statement declaring the document is lost
Request to return if found
Keep original newspaper cuttings, as they are legally required.
Step 3: Apply for Certified Copy of Lost Adhaaram
Once FIR and newspaper notice are completed, we can legally obtain a Certified Copy of the Title Deed from the Sub Registrar Office (SRO) where the document was originally registered.
Procedure to Obtain Certified Copy
Submit application at concerned SRO
Attach FIR copy and newspaper advertisement
Provide identity proof and property details
Pay prescribed government fee
The Certified Copy is a legally valid substitute for the original Adhaaram for most purposes.
Legal Validity of Certified Copy of Title Deed
A Certified Copy issued by the Sub Registrar Office:
Is legally recognized under Indian Registration Act
Is accepted by courts, government offices, and local authorities
Can be used for mutation, tax payment, and legal verification
However, banks may request additional affidavits.
Step 4: Execute a Notarized Affidavit for Lost Adhaaram
We must execute a sworn affidavit declaring:
Details of the lost original document
Confirmation that it is genuinely lost
Declaration that no illegal transaction has been made
Commitment to indemnify future claims
This affidavit must be:
Drafted on stamp paper
Signed before a Notary or Magistrate
Step 5: Obtain an Indemnity Bond (If Required)
For bank loans, property sale, or high-value transactions, institutions may demand an Indemnity Bond.
Purpose of Indemnity Bond
To safeguard buyer or bank from future claims
To ensure legal accountability of the owner
This bond is executed with sureties and is legally enforceable.
Can We Sell Property Without Original Adhaaram?
Yes, property can be sold legally without the original Adhaaram, provided:
Certified copy is available
FIR and newspaper notice are produced
Indemnity bond is executed
Buyer is fully informed
Many property transactions in Kerala are completed legally using certified copies.
Can Banks Give Home Loan Without Original Title Deed?
Banks and financial institutions may approve loans if:
Certified copy of Adhaaram is produced
Chain documents are intact
Legal opinion is favorable
Indemnity bond is executed
Final discretion lies with the bank’s legal department.
Role of Advocate in Lost Adhaaram Cases
Engaging a property lawyer ensures:
Accurate legal drafting
Error-free affidavit and indemnity bond
Smooth coordination with SRO and banks
Legal protection against future disputes
For inherited or ancestral property, legal assistance is strongly recommended.
Special Cases: Lost Adhaaram in Ancestral or Inherited Property
When the lost document relates to:
Partition deed
Settlement deed
Will-based property
We must additionally produce:
Legal heirship certificate
Death certificate of previous owner
Chain of title documents
These cases require stricter legal scrutiny.
How to Prevent Future Loss of Property Documents
We strongly recommend:
Digitally scanning all property documents
Keeping copies in bank lockers
Registering documents with DigiLocker (where applicable)
Maintaining a personal document index
Preventive documentation avoids future legal risks.
Frequently Asked Legal Questions
Is ownership affected if Adhaaram is lost?
No. Ownership is established through registration records.
Is FIR compulsory?
Yes. FIR or police loss certificate is mandatory.
Can someone misuse my lost Adhaaram?
Registration records protect ownership; misuse is legally preventable.
Is certified copy equal to original?
For legal proof, yes. For transactions, additional safeguards apply.
Conclusion: Loss of Adhaaram Is a Legal Issue, Not a Property Loss
Loss of an original Adhaaram is a procedural legal matter, not a loss of property rights. By following the correct legal steps—FIR, newspaper notice, certified copy, affidavit, and indemnity bond—we can fully protect ownership and continue property transactions legally and safely.
