Affidavit and Indemnity Bond for a Lost Title Deed

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Also called

Lost Deed Affidavit · Affidavit of Loss of Original Sale Deed · Indemnity Bond for Lost Property Papers · Affidavit-cum-Indemnity for Missing Title Documents · Khoye Hue Kaagaz ka Shapath Patra

When you need it

You need this when someone won't act without the original registered deed: a bank/HFC won't sanction a loan or create an equitable mortgage without it; a buyer's advocate has flagged it missing in a title search; a society or development authority won't transfer records; the Tehsildar's mutation (intkal) is stuck; or the discom won't transfer the connection. FIRST CHECK WHO LOST IT.

If a bank/HFC held the original under an equitable mortgage and lost it — common once a loan is closed — the LENDER should swear the loss, give the indemnity, and file its own police report. Don't sign an affidavit for a loss that isn't yours; get the lender's loss letter first. USUAL SEQUENCE: (1) police loss report; (2) certified copy (nakal) of the deed from the Sub-Registrar under s.57, Registration Act, 1908; (3) public notice in one English and one regional newspaper inviting objections; (4) a fresh Encumbrance Certificate; (5) then this affidavit plus indemnity. FIR OR LOST REPORT. Simply losing a document isn't a cognizable offence, so police normally record a Lost Article Report/NCR under s.174, BNSS 2023 (was s.155 CrPC) — that's what banks want. Theft is different: an FIR under s.173 BNSS (was s.154 CrPC) applies there. WHAT A CERTIFIED COPY DOES NOT DO. Under s.57(5) it proves the deed's contents and satisfies secondary-evidence law (s.65, Evidence Act 1872 / Bharatiya Sakshya Adhiniyam 2023) — but it isn't a substitute original. A mortgage by deposit of title deeds (s.58(f), Transfer of Property Act, 1882) needs the physical document; there's no such thing as a "duplicate deed." That gap is why lenders also want this indemnity.

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You can fill this one in on this site, and read the whole draft on screen before you decide anything about it. It is a carefully drafted template; it is not advice about your own facts.

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See stamp duty, registration and witnesses

What follows is the position for this kind of document. The amount is set by the state the property is in and it changes, so the figure for your own state is worth confirming at the sub-registrar’s office before you pay anything.

Stamp duty

Two chargeable instruments: an affidavit under Article 4, Schedule I; and an indemnity bond under Article 34, Indian Stamp Act, 1899 (Article 35 in Maharashtra, Article 29 in Karnataka). VERIFY EVERY RUPEE FIGURE AGAINST YOUR STATE'S CURRENT NOTIFICATION — fixed duties change often; Karnataka raised them via the Karnataka Stamp (Amendment) Act, 2023. Roughly: affidavit Rs 10-100, indemnity bond Rs 100-500. Over-stamp if unsure — under-stamping (s.35, Indian Stamp Act; s.34, Maharashtra; ss.33-34, Karnataka) makes the document inadmissible, and a Collector can impound it and levy up to 10x the deficit. THE TRAP: s.5, Stamp Act taxes one instrument covering distinct matters at the aggregate of both duties — putting the affidavit and indemnity on one paper means you owe both. Execute Part A and Part B as two separate stamped instruments instead (this template splits them for that reason). HOW YOU PAY: Delhi has no physical stamp paper — e-Stamp via SHCIL only. UP, TN: also SHCIL. Karnataka: K-STAMP/Kaveri. Haryana: eGRAS. Maharashtra: GRAS/e-SBTR or franking. Buy fresh, in the deponent's name, dated on/before execution. No court-fee stamp applies unless later filed in court; the notary's fee (Notaries Rules, 1956) is separate.

Registration

Not registrable — the affidavit and indemnity fall outside s.17, Registration Act, 1908 (no right in immovable property is created, assigned or extinguished); no fee. EXCEPTION: if a lender charges the indemnity on the property (or property worth Rs 100+), s.17(1)(b) applies — this one stays personal, no charge. A Maharashtra society's 'registered indemnity bond' usually means notarised.

Notarisation

Part A is sworn before a Notary Public, an Oath Commissioner, or an Executive Magistrate — oath, ID check, seal, and a register number written on it; each deponent's ID is recited. (Delhi: Oath Commissioners are cheapest; elsewhere use a Notary Public.) Part B need not be notarised, but banks usually want both together. Deponent abroad: swear before the Indian Consulate, or notarise and apostille (Hague countries).

Witnesses

Part A (the affidavit) needs no witnesses — signature plus notary attestation suffices. Part B (the indemnity) has no statutory requirement either, but two attesting witnesses is universal bank practice — adults, not parties or beneficiaries. All co-owners or heirs must sign — the commonest reason banks reject the file.

Request Stamp Paper

Sample preview — placeholder answers, not your data

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Stamp: e-Stamp Certificate issued through SHCIL of ₹110 (Rupees One Hundred and Ten only), bearing No. IN-DL12345678901234X, purchased in the name of Rajesh Kumar Sharma at New Delhi, Andaman and Nicobar Islands.

AFFIDAVIT-CUM-INDEMNITY BOND

(Loss of the original registered title deed)

Executed at New Delhi, Andaman and Nicobar Islands, on 1 April 2026.

This is one paper doing two jobs. Part A is a sworn affidavit — how the original title deed was lost, what search was made, and what was reported to the police. Part B is an indemnity bond in favour of the person or institution being asked to proceed without seeing the original. Part A is sworn before a Notary Public or an Oath Commissioner. Part B is signed before two witnesses. The two Parts may also be executed as two separate stamped instruments, and in most states that is the safer course on stamp duty.

To,
The Branch Manager
State Bank of India
Connaught Place Branch
X

Subject: Loss of the original Sale Deed dated 3 April 2026, registered as Document No. 3421 of 2011 in the office of the Sub-Registrar IV, Kalkaji, New Delhi — affidavit of loss and indemnity, for the purpose of obtaining a loan against the Property.

PART A — AFFIDAVIT OF LOSS

I, Rajesh Kumar Sharma, son of Late Shri Mohan Lal Sharma, aged about 25,000 years, Service by occupation, resident of X, holding Aadhaar No. XXXX-XXXX-4821,

and I, X, wife of Rajesh Kumar Sharma, aged about 25,000 years, resident of X, holding Aadhaar No. XXXX-XXXX-7719,

do hereby solemnly affirm and declare on oath as follows.

(Where more than one person signs below, each of us makes this affidavit for himself or herself, we are jointly and severally bound by everything stated in it, and the words "I", "me" and "my" are to be read as "we", "us" and "our".)

1. Who I am and in what capacity I speak. I am the absolute owner of the immovable property described in the Schedule at the end of this document (the "Property"). I am competent to swear this affidavit and the facts stated here are within my personal knowledge, save where I say they are stated on information and belief.

Devolution on death. The Property stood recorded in the name of the late X. The deceased was my father. The deceased died on 2 April 2026. I am one of the legal heirs entitled to succeed to the Property. My heirship is evidenced by Legal Heir Certificate No. 4412 dated 12.03.2025 issued by the Tehsildar, Karol Bagh, a copy of which is enclosed. To the best of my knowledge and belief there is no legal heir other than those who have signed this document, and no other person has any claim to the Property by inheritance.

Authority to act. I am signing as constituted attorney of the recorded owner (in this document, my "principal") under the following instrument, which is subsisting and has not been revoked, cancelled or determined: General Power of Attorney dated 04.02.2023 executed by Smt. Kamla Devi, registered as Document No. 1123 in Book No. IV at the office of the Sub-Registrar IV, New Delhi, which is subsisting and has not been revoked.. A copy is enclosed. Everything I say in this affidavit about the acts, dealings and knowledge of the recorded owner is stated to the best of my knowledge, information and belief.

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