Mohammad Mateen Farahani 09122999788 Senior expert in property registration law:
Provisions related to the issuance of duplicate ownership documents
A document is any document that can be cited in a lawsuit or defense. In articles 1286 and 1289, the civil legislator divides the document into two types, official and normal. According to Article 1287 of the Civil Code, the documents that are prepared in the Registry of Deeds and Real Estate or notary offices or with other official officials within the limits of their competences and according to the legal provisions are official, and according to Article 1289, other than the documents mentioned in Article 1287, Other documents are normal.
Cases of issuing duplicate ownership documents
Duplicate ownership document in case the ownership document is lost or stolen; It is issued in the case of the loss of all or part of the title deed, as well as if the title deed is with someone else and its return is not possible even through judicial authorities.
Lost or stolen ownership document
In cases where the ownership document does not exist due to reasons such as loss or theft, the owner must request the issuance of a duplicate ownership document.
In this regard, the owner must state in writing the reason for the loss of the document, “lost, stolen, etc.” and submit an affidavit signed by at least 3 people whose signatures are certified by the local police station or one of the notary offices to the local registry office.
One thing that should be noted is that in the current procedure, the signature certificate is done only through notary offices.
Regarding the affidavit, it should be said that it is in accordance with the sample provided by the Real Estate Registry Organization and provided to the applicants in 2 printed copies.
After going through the above steps and submitting a written application attached to the affidavit, the registry office registers the matter in the real estate office, and in the areas that are computerized, through the computer, and in the areas that are manual and do not have a computer, by means of a circular. He announces to the notary offices and then within 1 week at the requester’s expense, the matter is registered in one of the widely circulated newspapers or in one of the newspapers where registration advertisements are printed. If no objection is received within 10 days from the date of publication of the advertisement, a duplicate ownership document will be issued.
Name and surname of the owner; Location of the property and registration plate number; A summary of the claim of loss or loss of the title deed; Transactions that indicate a registered document must be published in the advertisement.
It should also be emphasized that any person who has entered into a contract with respect to the property mentioned in the advertisement, which is not mentioned in the summary of the document, or who has the title deed with him, can refer to the local registry office within 100 days from the date of publication of the advertisement. Submit the original ownership document and submit your objection.
If an objection is not received within the stipulated time limit or if the objection is received without presenting the ownership document, the objection will be ineffective and a copy of the ownership document will be issued to the applicant according to the regulations.
Loss of all or part of the ownership document
In this case, as well as the steps related to “the loss of the ownership document or its theft”, it should be done with all the mentioned conditions, including the affidavit and the publication of the newspaper. take action
The ownership document is with someone else and it is not possible to return it
Regarding the cases where the ownership document is with someone else and its return is not possible even through judicial authorities, it should be said that for example, in cases where the ownership document is with a third party and he complains about its return and even through judicial authorities and It is not possible to issue an executive order to return the document, the owner can request the issuance of a copy of the ownership document without investigating witnesses, “testimony” and even publishing an advertisement, and only by obtaining a certificate from the court that issued the judgment and submitting it to the registry office.
This post is written by matin_lawyer