Need advice about selling land, the paper of which is not in our house.

Community Forums Legal Advice India Need advice about selling land, the paper of which is not in our house.

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    • #77434 Reply
      User_54b8dd25
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        U
        User_54b8dd25
        PARTICIPANT
        May 6, 2026 at 1:12 pm
        My father has some ancestral land along with his brothers inherited from their father. The papers of my father’s land however is in the hands of his brothers at the same place as those lands. The relationship between them is not good anymore. He has no courage to bring back the papers to our house that is in a city about 30km away. Now, we are in dire need for money and we can’t take loan against it or outright sell it. It is in rural area so we might get a buyer and sell them without papers but that’s illegal or not moral atleast.

      • #77437 Reply
        User_48528584
        Participant
          U
          User_48528584
          PARTICIPANT
          May 6, 2026 at 1:16 pm
          Your father should talk his brother calmly, because without paper it is illegal to sell a land.

        • #77438 Reply
          User_28d9a781
          Participant
            U
            User_28d9a781
            PARTICIPANT
            May 6, 2026 at 1:17 pm
            Is your father’s registry separate meaning does he have an undivided share with his brothers or it is properly separate but doesn’t have the papers?

            • #77445 Reply
              User_54b8dd25
              Participant
                U
                User_54b8dd25
                OP
                May 6, 2026 at 2:00 pm
                Separately registered.

                • #77450 Reply
                  User_28d9a781
                  Participant
                    U
                    User_28d9a781
                    PARTICIPANT
                    May 6, 2026 at 3:13 pm
                    So then you can get the certified copies from the registrar office and sell it for a little less. However you have to make sure you have possession of the property otherwise the sale might not be possible .

              • #77441 Reply
                User_c90f58a8
                Participant
                  U
                  User_c90f58a8
                  PARTICIPANT
                  May 6, 2026 at 1:27 pm
                  If the property is in his name, you can go to the registrar’s office for its copies. You can also file an FIR at your local police station that the original papers have been lost.

                  • #77447 Reply
                    User_54b8dd25
                    Participant
                      U
                      User_54b8dd25
                      OP
                      May 6, 2026 at 2:02 pm
                      So we can get the copies. But would that help with the current case without original papers? We definitely know where the original papers are so is it even okay to file an FIR that way?

                      • #77451 Reply
                        User_c90f58a8
                        Participant
                          U
                          User_c90f58a8
                          PARTICIPANT
                          May 6, 2026 at 4:54 pm
                          If you are the owner of the property ie if the title is in your name, you don’t have to worry about anything. Consult and advocate locally to resolve this.

                    • #77443 Reply
                      User_345a905a
                      Participant
                        U
                        User_345a905a
                        PARTICIPANT
                        May 6, 2026 at 4:55 pm
                        this kind of situation becomes difficult because the issue is not just ownership but practical control over the documents and family dynamics around them the part that usually matters most is whether your fathers share is clearly reflected in official land records because physical papers being with relatives and actual ownership on record are not always the same thing also selling rural land informally without proper papers can create much bigger problems later have you or your father ever checked recently whose names are currently showing in the revenue or land records for that property or has everything stayed dependent on the old papers with the brothers

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