If you are stuck in such a situation, here is what to do.

Mr. Sameer Verma, a resident of the city of Anandpur, recently found himself in a state of panic. He had invested his life savings into an under-construction apartment being developed by ‘Cosmos Builders’. The project was duly registered under the state’s Real Estate Regulatory Authority (RERA). While organizing his documents for a home loan application, he realized the most crucial document, the original registered Builder-Buyer Agreement (BBA), was missing. He was unsure whether to first contact the builder, who might take advantage of the situation, or approach a government office. This situation, while distressing, is not uncommon, and there is a clear legal path to resolve it.

Advice in such cases

Losing a critical property document like the BBA can be stressful, but it is a solvable problem. Here are the immediate steps you should take:

• Conduct a Thorough Search: Before taking any external action, search all possible places where the document could be. This includes bank lockers, home files, office drawers, and any place you keep important papers.
• File a Police Report: Visit the nearest police station in the jurisdiction where you believe you lost the document and file a report for a lost document. In some cases, they may file a First Information Report (FIR). This report is crucial as it serves as official proof of the loss and is required for subsequent procedures.
• Publish a Newspaper Notice: It is advisable to publish an advertisement in a local and a national newspaper about the loss of the document. This serves as a public declaration and can protect you from potential misuse of the lost agreement. Keep a copy of the newspaper cutting.
• Contact the Builder: Inform the builder in writing (via email and registered post) about the loss of the agreement and request a certified copy from their records. A reputable builder should cooperate.
• Approach the Sub-Registrar’s Office (SRO): If your BBA was registered, the SRO where the registration took place will have a scanned copy in its records. You can apply for a certified copy of the agreement, which is legally valid as secondary evidence.
• Check the RERA Portal: Since the project is RERA registered, the builder is obligated to upload key documents, including the proforma of the agreement, on the state’s RERA website. While this may not be your specific signed copy, it is useful supporting material.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Several laws come into play when dealing with a lost builder-buyer agreement:

• The Real Estate (Regulation and Development) Act, 2016 (RERA): RERA mandates builders to maintain records and be transparent. The agreement for sale is a cornerstone of this Act, and its provisions protect the buyer’s rights even if the original document is lost.
• The Registration Act, 1908: Section 57 of this Act allows individuals to obtain certified copies of documents from the Registrar’s or Sub-Registrar’s office. This certified copy is admissible in court.
• The Indian Evidence Act, 1872: Sections 63 and 65 of this Act deal with secondary evidence. A certified copy of the builder-buyer agreement obtained from the SRO is considered valid secondary evidence and can be used for all legal and official purposes in place of the original.

If you are the complainant

If you need to file a complaint against the builder (for delay, quality issues, etc.) and have lost the agreement, you are still a “complainant” with full rights. Your primary task is to reconstruct your legal standing.

• Gather Alternative Proof: Collect all other related documents, such as the allotment letter, payment receipts, bank statements showing transfers to the builder, and any email or written correspondence.
• Obtain a Certified Copy: Your first priority should be to get a certified copy of the BBA from the Sub-Registrar’s Office. This will be your primary evidence in any legal proceeding.
• File the Complaint: With the certified copy and other supporting documents, you can file a complaint before the appropriate forum, such as RERA or the Consumer Commission.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

You become a “victim” if the builder tries to exploit the situation of the lost document. For instance, the builder might deny the terms of the sale, demand extra money, or refuse to acknowledge your booking.

• Issue a Legal Notice: If the builder acts suspiciously or refuses to cooperate, your first step should be to have a lawyer send a formal legal notice. The notice should state the facts, mention the lost agreement, refer to the police report, and demand the builder’s cooperation.
• Use Secondary Evidence: Confront the builder with the certified copy from the SRO and other proofs of payment. This will make it difficult for them to deny the transaction.
• File for Declaration: In extreme cases, you may need to file a suit for declaration in a civil court to affirm your rights over the property based on the available evidence.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

This is a civil matter, so the police’s role is limited. They will not investigate the “loss” like a crime unless there is an allegation of theft, fraud, or criminal breach of trust against a specific person. Their primary function is to officially record the loss of the document. They will take your application, record the details, and provide you with a copy of the Lost Document Report or an FIR. This document is a crucial piece of evidence to prove that you have officially reported the loss and is a prerequisite for applying for a certified copy from the SRO.

FAQs people normally have

• Is a certified copy from the SRO as valid as the original?
  

  Yes, for all legal purposes, a certified copy issued by the Sub-Registrar’s Office is considered valid secondary evidence under the Indian Evidence Act, 1872, and is accepted by courts, banks, and other authorities.

  
  
• What if my agreement was not registered?
  

  An unregistered builder-buyer agreement has limited legal validity, especially concerning immovable property. However, it can still be used as proof of the transaction and payments made. In such cases, other evidence like payment receipts and correspondence becomes even more critical. You should immediately consult a lawyer to understand your position.

  
  
• Can the builder refuse to give me a copy of the agreement?
  

  A builder should not refuse to provide a copy. If they do, it can be seen as a deficiency in service. You can send them a legal notice and, if necessary, file a complaint in the Consumer Commission or RERA for their non-cooperation.

  
  

What evidence is required?

To get a certified copy and establish your claim, you will need the following:

• A copy of the police report (FIR or Lost Document Report).
• A copy of the newspaper advertisement declaring the loss.
• An affidavit on stamp paper detailing the property and the circumstances of the loss.
• Proof of identity and address of the property owner.
• Details of the property, such as the property number, registration number, and date of registration, if available.
• Copies of payment receipts, allotment letter, and bank statements.

How long will the investigation take?

Since this is not a criminal investigation, the timeline refers to the process of obtaining the necessary documents. The process can be broken down as follows:

• Filing a Police Report: This can usually be done in a single day.
• Applying for a Certified Copy: Once you have the police report and have submitted the application at the Sub-Registrar’s Office, it typically takes 7 to 15 working days to receive the certified copy, depending on the efficiency of the specific office.
• Legal Proceedings: If you have to file a complaint against the builder in RERA or a consumer court, the timeline can vary from a few months to over a year, depending on the complexity of the case and the workload of the forum.

Advocate Sudhir Rao, Supreme Court of India