Joe Alphonse 15 July 2019

Xerox copy of sale agreement is valid ?

Dear Sir/Madam,

We have put a sale aggrement to buy a land under SBI bank loan. After that the land has some legal issues. So we dropped the plan. We forget to get the paper from Bank. After 6 months when we ask now Bank person told it is lost. The bundle contains sale aggrement orginal copy also. Now the land owner sold the land for another person . To return the money that we mentioned in the sale aggrement. He is asking us to submit the orginal copy. We have Xerox copy only .

Can we use the Xerox copy as a proof since the orginal is lost to get the money. Kindly advice me.

Yours Sincerly,

Joe

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4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 15 July 2019

xerox copies not valid. If you lost originals, you can obtain certified copies from sub-registrar office by applying for it.

Adv Rohit Dalmia 9324538481 (Lawyer) 15 July 2019

Ask the Bank to lodge an NC with the local police station for a lost of original sale agreement by giving an Affidavit and taking out the Public Notice.

This would minimise your risk, if any fraud takes place on the property. And you need to obtain certifed copy from the office of the Sub-Registrar which would be good enough as an original document.

Regards

Adv. Rohit Dalmia

G.L.N. Prasad (Retired employee.) 16 July 2019

First issue legal notice to the Bank and also to SBI HO for returning the set of documents, if you have evidence that they were submitted to SBI. Bank can never be negligent in handling such title deed papers and you have a remedy to get from Consumer forum and SBI should arrange for such publication, loss of agreement, and the due process laid down under law to compensate for your loss. Contact a since advocate.

G.L.N. Prasad (Retired employee.) 16 July 2019

Further you can also issue legal notice that sale agreement was lost, and you are prepared to execute bond for indemnify and for paper publication etc., and seek refund. I am afraid that insisting original agreement is not a must when amount is returned stating such date of agreement etc and obtaining valid receipt from the alleged purchaser. This is not that much serious as viewed if an advocate handles the matter.