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Tanu (Entrepreneur)     21 June 2014

Fraud document writer

Whom do I approach to file a complaint against a document writer? Also how do I check to know if she is a licensed document writer?

A gift deed was registered in my name by my mother.  Once the document is registered, it is the duty of the document writer to handover the payment receipt (fees paid for registration) to me.

On checking the registered documents, I noticed the deed was prepared by her advocate.  If she is a licensed document writer, doesn't she have the right to prepare the document?

The document writer provided her licensed number as 2294.  Is this correct?  There is no other details provided.

She has taken an amount that comes to a total of Rs. 35000/-  That is for Registeration of gift deed, location sketch and encumberance certificate.  On checking with few local advocates in Cochin, Kerala, I came to know that the fees she has charged me is too high, for the value of my property.

She has also collected Rs. 2,500 for preparing the Will document in favor of my brother who is mentally challenged.  I came to know there is no validity for such document, when the person is insane or there should be a guardian appointed.

I asked the document writer to return the money but she refuses to pay the amount.

Hereafter, I don't want any innocent person to get into trouble just like me and so I want to file a complaint against the document writer.  Can anybody provide advise regarding this?
 



Learning

 7 Replies

Dr J C Vashista (Advocate)     21 June 2014

There is no such connotation as "a licensed document writer". 

Only an Advocate is granted licence by Bar Council of India (through State Bar Council ) under the provisions of Advocates Act, 1961.

Stamp duty/registeration charges is a state subject which differs from one State to another. You may find out from Sub-Registrar the amount of registeration charges, revenue authorities for issuance of encumbrence certificate and fees charged by draftsman for prepariing the site plan,  being paid for the document.

The Will document in favour of your brother, who is mentally challenged, can be executed and nothing illegal and the document is valid, even when the benficiary is insane and a guardian may be appointed.

Tanu (Entrepreneur)     22 June 2014

Dear Sir,

Thanks for your kind advice. Actually, I requested the document writer to prepare a relinquishment deed and not a gift deed. So that this clause can be added and the property can be jointly in the name of my mother and myself.

But she said we can add this clause to the gift deed. That would be better.

 

In my mentally retarded brother's case, it is difficult to find a guardian whom I trust.  Would a WILL registered by a notary advocate be more valid?

 

Also as you mentioned "There is no such connotation as "a licensed document writer".  The document writer whom I approached is squeezing out high fees from many people under the pretext, she is a licensed document writer. 

I have checked out the charges in our locality for registration charges, revenue authorities for issuance of encumbrance certificate and fees charged by draftsman for preparing the site plan, being paid for the document.  I came to know document writer has charged me excess fees.

 

Please let me know, whom should I approach to file a complaint against the document writer?

 

Look forward to your valuable advice.

Thank you.

Dr J C Vashista (Advocate)     23 June 2014

Complaint before police for cheating and committing fraud besides impersonation.

Tanu (Entrepreneur)     24 June 2014

Is there any other alternative other than police complaint?

T. Kalaiselvan, Advocate (Advocate)     24 June 2014

You cannot make any complaint against such touts who wander in the registrar's office in the name of document writers.  Actually a licenced document writer is eligible to draft a deed and their draft is legally valid and accepted for registration by the registrar office.  In Tamilnadu there still are licenced document writers.  In your case, you should check out the stamp duty paid for registration of gift deed. If the deed contains signature of an advocate under the column drafted by, it means the document writer is not a licenced person. You may give a complaint with the registrar itself about the cheating activities of such touts.

Tanu (Entrepreneur)     25 June 2014

Thanks for your advice, sir.  On the stamp paper, I can see only the 'Sub Court Stamp Vendor' seal & signature mentioning it was sold to my mother for a value x,xxx date & no.

 

The gift deed documents were prepared by an advocate (his signature & name mentioned).  The document writer stood only as a witness (her signature & name is mentioned in the document)

 

This is the reason, I had a doubt whether she is a licensed document writer. Though she claims so with some license no. N:2294

 

On just enquiring with the locals in the area, it looks like some other people who approached her for property documentation, had faced  problem just like me.  She charged them high fees and delayed the documentation process.  But they never had the guts to file a complaint.

 

Anyway, I'm happy I posted this complaint on lawyersclubindia forum.  I'm not sure what happened......  She (document writer) called me last night by around 8.55 pm and asked me to take back the fees for Rs. 2500 (she deducted Rs.100, when she returned the money) that she charged me for preparing the Will Document.

I got back the fee amount today - June 25, 2014.

 

Whoever has taken the initiative on lawyersclubindia forum to inform this fraud document writer, I would say "Many Thanks to you". 

 

But still this lady should be brought to justice, so she doesn't charge high fees to her clients and delay in the documentation process causing mental torture to a layman like me in the future.

Mani (land owner)     24 July 2018

Sir,                                                                                                                                                                                                                                                                A licenced Document Writer himself made inter lineation in endorsement in an agreement of sale. The interpolation varied the liability of the vendee ,Is there any power to the Honourable Court to take action against the Document Writer or the Honourable Court can refer the matter to the Registratiion Department.? Please clarify me.

Thnking You Sir.


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