Conditional sale deed

Querist : Anonymous (Querist) 03 May 2010 This query is : Resolved
Respected experts,
In recital portion of a sale deed it is written that if original sale deed document will go at the hand of vendee and remain with him will be proof of consideration amount received/paid. But the original deed document never given to vendee and remained with vendor and vendee never came into possession. After few yrs vendor died. After a gap of 60 yrs heirs of the vendee obtained the certified copy of the sale deed. On the basis of that they are claiming the land (which is vacant) rather has filed a title suit. Will they have to explain the where about of original sale deed? If they do not show the original sale deed will it be considered void?
Thanks and regds.

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ESTHERPRIYA (Expert) 04 May 2010
Yes courts do take up certified copies of deeds as piece of evidence. But as per the recital they should show the original deed or else they have not given consideration and does not hold good title. You have a good case as there is a principle saying tat one who is in possession of title deeds and land is considered as original owner and their claim of adverse possession does not stand.

Querist : Anonymous (Querist) 04 May 2010
Sir/madam thanks for prompt reply,
Will they tale the plea of it got misplaced or been lost somewhere?
Even they have not mentioned that what has happened to the original sale deed,

Raj Kumar Makkad (Expert) 05 May 2010
This is not a big problem. Secondary evidence can be led by plaintiff by summoning the record of registrar but major problem which you are not asking is something other.

How shall you meet objection of limitation?

Querist : Anonymous (Querist) 05 May 2010
Lnd. Raj Sir thanks for reply, what else information should I reveal, and what is objection of limitation?

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