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House registration papers

(Querist) 08 June 2014 This query is : Resolved 
Hello,

Our house registration papers had my name wrong on it, so my mother gave it to my uncle to change the name. Its been over a year now and he still hasn't returned them. He keeps avoiding the topic. I am afraid he has misused it in some manner. Is it possible that he can take advantage in any way? Like submit papers against a loan or something like that? Please help..
Kumar Doab (Expert) 08 June 2014
If he does it shall be fraud.

Check the encumbrance record, mutation record, and name of owner in it...................

Involve elders and try to take back the papers amicably.................

Obtain certified copy from SRO............

Approach a local lawyer handling property matters.........................your lawyer may opine to issue legal notice mentioning date of collection or original papers, and demand these back................

Later your lawyer may advise to complete the process for loss of original papers and to obtain certified copies.................
Devajyoti Barman (Expert) 08 June 2014
He can not misuse it unless he criminally impersonates your mother.
In any case put pressure on him to return the deed and if you have details of this then get a certified copy of the deed from the registration office.
Mark (Querist) 08 June 2014
Thanks a lot for the help.

Regards,
Mark
Dr J C Vashista (Expert) 09 June 2014
Issue legal notice through your lawyer followed by suit for declaration, seek injunction for creating any third party interest and registeration of any document.
Lodge a police complaint for impersonation, blackmailing and extortion.
R.K Nanda (Expert) 09 June 2014
agree with experts.
Rajendra K Goyal (Expert) 09 June 2014
Agree with the experts.
Guest (Expert) 09 June 2014
Well advised by all the experts.Start implementing the same.
ajay sethi (Expert) 09 June 2014
agree with experts
Sankaranarayanan (Expert) 09 June 2014
i do agree with experts
T. Kalaiselvan, Advocate (Expert) 13 June 2014
It is better togivea paper publication narrating the details and warn the general public to not to transact with the property in any manner based on the missing/suppressed documents of the property, after that apply for a certified copy of the property document and then think about taking legal action against your uncle accordingly.
Raj Kumar Makkad (Expert) 14 June 2014
I fully agree with the advice of expert Kalaiselvan.


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