2 Answers
Dear client, The original 1995 agreements can almost certainly not be retrieved at this stage but are nevertheless worth attempting a written application for from the seller (even at this late stage), the original builder or even the original bank if you have had loans taken against this property, because public archives do sometimes hold such documents even after so many years. Failing that, a certified copy of the registered agreement, obtained under section 57 of the Registration Act from the concerned Sub-Registrar's office is the most pragmatic step. Certified copies are a permanent Government record and evidence beyond doubt, irrespective of what happened to the copy you possessed.
The standard practice for redevelopment using certified copies is to buttress it by filing an Affidavit of Lost Original Documents, Public Notices in two vernacular papers (one in English, one vernacular) calling for objections to your ownership, an Indemnity Bond and preferably an FIR or Police Complaint filed immediately after losing the documents. This set of papers is what developers, societies, banks and others across most of India accept for the process of dealing with lost documents.
The only disadvantages of dealing with certified copies is that any future buyer/bank/lawyers might flag "originals lost or not traceable" during Due Diligence for any future Sale or mortgage on the property and that this could cause you delay/a requirement to get additional documents; you will have to carry the lost affidavit/public notice trail with your property documents forever in every transaction. Also, there is always a (minimal) risk that the lost originals might re-emerge from someone else's hands and they might misuse them against you though your Public Notice, affidavit, FIR should come to your aid. None of this affects your usage or redevelopment; it just leaves a permanently associated string of documented proof that will forever attach to your title.
Dear Client,
Even in the event that there is no document available, the document may not have been completely lost but may be stored somewhere, such as the bank, builder, society, or another custodian, and may be retrieved accordingly, provided that they are genuinely lost; but in the event that the documents are actually lost, the best thing would be to obtain certified copies of the registration documents from the relevant Sub-Registrar. Certified copies of registered documents have always been used in cases involving redevelopment, societies, and title, especially when there are no originals available, as long as the title can be established otherwise. But this can pose certain practical problems, including the need to explain why they were lost to developers, buyers, banks, or others, as well as the provision of certificates like police report of loss, non-traceable certificate, indemnities, etc. Therefore, it is better to regularize the situation by obtaining the certified copies.
I hope this helps and if you have any further issues do not hesitate to contact us.