Handing over /claiming of original sale deed copy - reg

Querist : Anonymous (Querist) 17 July 2020 This query is : Resolved
Dear Legal Fraternity.

One of my friends has purchased a property admeasuring 400 Sq. Yds. in Hyderabad from a Company which is engaged in Real Estate Company and the Company has executed Sale Deed in favour of my friend and later handed over the original sale deed.

Now after some period my friend has offered to sell 300 Sq. ( out of 400 Sq. Yds.) to another person and agreed to execute Sale Deed in his favour and retain balance 100 Sq. Yds. (may be for sale in future).

Now my query is :

1. To whom should the Original Sale Deed document of 400 Sq. Yds. be handed over ?

2. Should it be handed over to the first person who will be getting registered for 300 Sq. Yds. or to the prospective customer who will purchase 100 Sq. Yds. in future because the first purchaser is asking my friend to hand over the original sale deed of 400 sq.yds.

3. Is it necessary to hand over the Original Sale Deed to the purchasers at all ?

What does the Transfer of Property Act , 1882 say in this regard or under any other law ?

If there is any material or judgement on these issues , plz share the kink because I am a layman on this subject.

Thank You.

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Dr J C Vashista (Expert) 18 July 2020
Original sale deed may be retained by titleholder / vendor / seller of 300 sq. yds. deHowever, attested photocopy of the document must be handed over to the vendee/ purchaser of 300 sq. yds.

Dr J C Vashista (Expert) 18 July 2020
Subsequently it depends upon circumstances, which can not be predicted / presumed at this stage.

Rajendra K Goyal (Expert) 18 July 2020
You asked:
1. To whom should the Original Sale Deed document of 400 Sq. Yds. be handed over?

Reply:

As full portion of land is not sold, no question of handing over the original title deed of 400 sq yds to a purchaser of 300 sq, yds. Original title deed is proof / title of left over 100 sq. yards. Of land. There is no harm in handing over true copy (may be attested) of the title deed.

Rajendra K Goyal (Expert) 18 July 2020
You asked:
2. Should it be handed over to the first person who will be getting registered for 300 Sq. Yds. or to the prospective customer who will purchase 100 Sq. Yds. in future because the first purchaser is asking my friend to hand over the original sale deed of 400 sq.yds.

Reply:

Hand over attested true copy to both as no one is purchasing full portion of land.

You asked:
3. Is it necessary to hand over the Original Sale Deed to the purchasers at all ?

Reply:

Not necessary.

P. Venu (Expert) 18 July 2020
The query suggests deeper issues. Please post complete facts.

Querist : Anonymous (Querist) 18 July 2020
Dear Venu Sir,
I have posted complete facts which my friend is facing.
Can you plz elaborate what kind of deeper issues I hsve to post.

kavksatyanarayana (Expert) 18 July 2020
Your friend purchased 400 sq.yds. and hence the sale deed for 400 sq.yds. should be retained by your friend and the copy of the same shall give to the buyer.

Rajendra K Goyal (Expert) 19 July 2020
In the given circumstances, handing over of attested photocopy of original purchase deed can be handed over. No need to give original to any of the purchaser as they are purchasing only part.
As the property seem to have been purchased from a real estate developer, whether such sale by bifurcating the plot is permissible in the approved plan?

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