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Sameer12345 (SSE)     12 February 2013

Misuse of xerox copy of sale deed / dastavej

Can a Xerox copy of Sale Deed / Dastavej of flat be misused by any person?




 1 Replies

narendra.s.p (Chief Manager(Law))     12 February 2013

Let me narrare How:

Banks obtain Equitable mortgage by deposit of title deeds. No registrationof mortgage charge is necessary witht  the Registrar of assurance. 

X - say desires to sell his flat. He approaches an agent Y. Y asks for photocopies of all title deeds including sale deed. Y convinces X that he will show teh title ddeeds to the prospective buyers. Y makes counterfeit of the documents. After 15 days Y returns the Xerox copies to X - excuse given-saying that no buyers are available and he is unable to sell his apartment.

Z applies for laon with a Bank. He wans a collateral security of any apartment. He approaches Y for help. Y fixes the same for him on commission . He asks his co conspirator  W to impersonate X and deposit the counterfeit title deeds with the Bank and create Equitable mortgage. Loan is sanctined to Z on collatereal security of Apartment belonging to X. X is not aware of this. 

So don't ever give any photocopies of title deeds to an estate agent. 

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