(Guest)

Sale without original document

I have the original document of a land, but owner of the land(X) sold it by getting duplicate document. X knows that I have the original document. Is it legal to sell by obtaining duplicate document knowing that the original documents are with me? Can I file case against the registration using duplicate document? Please adivse.

Thanks

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4 Replies

G.L.N. Prasad (Retired employee.) 22 May 2019

A legal owner with such a title can sell even without having a title deed. The validity depends on circumstances and when the original title deed is deposited with another for creating an equitable mortgage, then it amounts to cheating. The thing to establish in court is the reason for owner delivering such title deed originals with you. If it is towards an agreement to sell or mortgage then you can proceed against seller and purchaser also. Much depends on legality in delivering title deeds and purpose and recitals in sale deed for not delivering link documents.

(Guest)

Sir, Thanks for your reply. Would like to know one thing, is it legal to apply for a duplicate document knowing that the original documents are with me? Thanks

G.L.N. Prasad (Retired employee.) 23 May 2019

A public document can be obtained by any citizen on payment of prescribed fees for such certified copies to Sub-Registrar.

(Guest)

Sir, I heard that to get duplicate copy of the document, the legal owner has to file a police complaint that he lost the original document and then publish the same on a daily news paper. Is that true? Thanks