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Recovery case

Querist : Anonymous (Querist) 21 October 2010 This query is : Resolved 
A person sold his share of undivided property to a Builder at 1/4th the going market rate thro' an Unregistered Agreement to Sell and gave possession of the portion with him to the builder.The builder gave him a set of photocopy of documents as GPA,SPA, POSSESSION LETTER,WILL etc. which he had got signed by the seller.

The builder then filed a suit for partition using these documents. The suit is pending in court.

After 3 years the builder filed a recovery suit against the Seller.The builder also gave up the portion in his possession to another heir hoping that he too would sell 3 other shares to him. But this did not happen.

Now the Seller is stuck in a Recovery case due to no fault of hi.

What should he do?

Are the photocopy of the documents he got from the builder valid in court. Can he file them as evidence ? Please advise.
adv. rajeev ( rajoo ) (Expert) 22 October 2010
after three years amount cannot be recovered. What is the cause of action?
xerox copies can be produced in the court, but they wont be considered as evidences.
Advocate. Arunagiri (Expert) 22 October 2010
The holder "X" of the xerox copies can send a notice to the holder "Y" of the originals, to produce the original for inspection. If the Y refuses to produce the originals, the court can take adverse inference. The xerox copies will be accepted as a secondary evidence.
You can also file a petition for production of documents in the court.
s.subramanian (Expert) 24 October 2010
Yes.I agree with Mr.Arunagiri.


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