Original registered papers captured by relatives
Vic
(Querist) 06 July 2012
This query is : Resolved
Sir,
I need urgent help.
Please I want to know what can I do if original registered papers of my property are captured by relatives.
I want to know what to do and how to do. And also please let me know difference between a certified copy and duplicate copy.
Thankyou
Adv.R.P.Chugh
(Expert) 06 July 2012
If the documents are registered - a certified copy can be sought from the concerned departments. File an FIR of theft of property papers ASAP.
A Certified Copy carries with it the presumption of genuinity and is admissible as it is.
A Duplicate copy has to be proved and is secondary evidence having much less evidentiary value and no presumption of genuinity.
Vic
(Querist) 06 July 2012
Thank you Sir for your patience,
And once we obtain the certified copy will we need original in future or no?
And can uncle misuse the originals?
sanjeev murthy desai
(Expert) 06 July 2012
yes you need always original documents unless those are unavailable. File a complaint before police and get paper publication daily news paper. Then only you ll have merits to contest in case of misuse case.
Vic
(Querist) 06 July 2012
Thank you Sanjeev sir for your advice.
I will get the certified copy, lodge police complaint and publication in newspaper.
After that will the CERTIFIED COPY have all the powers that a original SALE DEED has? Or I will need original in future like in case of selling the porperty or so?
sanjeev murthy desai
(Expert) 06 July 2012
In such circumstances certified copy deemed to be considered as original. If you filed a complaint against your uncle then police ill take care of everything nothing to worry.
Vic
(Querist) 06 July 2012
Sir,
My dad expired in 1994. He was in a partnership business with my uncle.
Now My uncle gave us a shop for my dad's share this year.
He gave us a shop and made a SALE DEED on my and my mothers name for it.
We just went to court for signing the SALE DEED (May 2012) and other formalities like pic and fingerprints. After
that we are not given any paper of it by him
Now uncle is threatening us to cancel the SALE DEED made for some reason. Can he cancel it?
Vic
(Querist) 06 July 2012
From Jharkhand sir
sanjeev murthy desai
(Expert) 06 July 2012
File a suit against your uncle for custody original documents.
Vic
(Querist) 06 July 2012
I am very much thank full to you Sir for taking out your time to answer my queries
Sir my mother wont agree for such a legal action as she is a widow. I hope you understand.
Can he cancel the SALE DEED?
If yes then please suggest any other way to be safe. Like SAAP MAR JAYE AUR LAATHI BHI NA TUTE
sanjeev murthy desai
(Expert) 06 July 2012
cancellation of sale does not possible without filing case. thats the only way left to you..
ashutosh mishra
(Expert) 06 July 2012
And I would not like to advise you to file any suit against your uncle just for custody of original sale deed;even his denial of custody shall fail the suit and relation would worsen in addition.
Certified copy would work as original after you publish and report the loss of the original.
Your uncle can not cancel the sale deed unless you both agree or he files a suit of cancellation in thev court.
