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Parent Documents

(Querist) 07 July 2009 This query is : Resolved 
Dear Sir,

My sister and myself intend to partition a property. My sister wants me to handover all the parent documents pertaining to the property and Myself having certified copies of all the document.
Kindly advice me whether I can give all original document and retaining the certified copies.
Y V Vishweshwar Rao (Expert) 07 July 2009
if the proerty is partitioend in Two parts , it is better to mention in the partition Deed ,in whose custody the parent original documents are retaiend and with whom Certified copies are retianed . if , the original Parent document is only one , it can not be with both persons .Who ever takes major part of the proerty , the said person can retain the original and under take to produce as and when required for verification by creditors/purchaser of other person
sanjeev murthy desai (Expert) 07 July 2009
Dear Koushik,

This is depend upon mutual understanding between the parties.

Yes offcourse there is no problem but you have to add the clause as when you have required she shall be provided for the same.

sanjeev desai

Jayashree Hariharan (Expert) 07 July 2009
That need not be an issue. Only thing is that the whosoever has the original documents, it should be mentioned in the partition deed, and whenever the other person needs it, the documents have to be produced. This should also be included as a clause.
a.manoharan (Expert) 07 July 2009
Mr.Rao and jeyashree are right . It is not certified copy of Partition deed , but, Duplicate Copy which has to be specifically numbered. When drafting , contact lawyer and he will solve the problem. If specifically numbered, there will be no problem for the creation of EM, when loan is issued. I appreciate Mr.Vishveshvara Rao
Kiran Kumar (Expert) 08 July 2009
so Kaushik conclusively, contact some local lawyer, prepare the partition deed, properly numbered and if u dont want to go for partition and it is just a retention of the documents then no doubt its a matter of adjustment between u and ur sister.

she may also retain the certified copies leaving original with u.

Mr. Rao is quite correct, if the property is to be sold or mortgaged then the original papers can be of use not the certified think again before u part away with the original papers again.

i would suggest keep the originals with u.
G. ARAVINTHAN (Expert) 08 July 2009
Certified copies of parent documents deemed to be true when the custody of the same is stated in any subsequent document. It is pure based on mutual understanding between the parties.
Sankaranarayanan (Expert) 08 July 2009
yes , bcz she is ur sister, keep it with mutual understanding settlement to hold the original of parents copy,
but bcz of partition , just mentioned the clause abt the parents document in the agreemment, and keep the certified compy with u,
when and then if it is reguired , then the holder should submitting for any legal lidiquation.
Sachin Bhatia (Expert) 12 October 2009
It is better to execute a partition Deed and you can mention in it that whose custody the parent original documents are retaiend and with whom Certified copies are retianed.

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