Original property documents not taken back possession from court.
balu
(Querist) 08 June 2015
This query is : Resolved
Hello experts,
I have query regarding property documents which was submitted in original to the court during the suit made by the seller during the year 1985-1993. The court gave judgment in the our favor(buyer) during 1993. But we forgot to receive back the original property documents including the original parent documents. Now when we wanted to do the partition. It is owned by 6 brothers. When contacted about the case records, it was destroyed. Could you please guide as to:
What steps need to be taken for documents not received back from the court
R.K Nanda
(Expert) 08 June 2015
now, no chances.
malipeddi jaggarao
(Expert) 09 June 2015
You can go ahead with partition basing on the court documents (judgement) in the absence of original documents. If you have photo copies, you can apply for certified copies in the office of concerned sub-registrar.
balu
(Querist) 09 June 2015
Thank you for your reply.we don't have photo copies. But we have got the copies from registrar office. When we approached the court with copy application, it was returned that part III records are destroyed as per rules. But we don't have an evidence that the original documents was not taken back by any co-owner after case is in our favor. What could be procedure to find out from the court whether the documents are taken back by any of the co-owners (brothers) or not. To be on safer side whether any co-owner has taken back or not,is it required to put a newspaper advertisement before doing the partition? In case yes, may I know in what context a newspaper advertisement be given.Since, any prospective buyer in future would go for newspaper advertisement when purchasing a property without documents. Is it safe to put up a newspaper advertisement now when before partition by all co-owners(brothers) so that no issues raise in future after it is settled to one brother. Thank you for your replies
malipeddi jaggarao
(Expert) 09 June 2015
Give a News paper advertisement giving all the facts in brief cautioning the prospective persons while dealing with the property which is subject to partition. After partition again you all can give another advertisement giving details of partition.
Kumar Doab
(Expert) 09 June 2015
Certified copies, coupled with court order seems to be the only remedy now.
balu
(Querist) 09 June 2015
Thank you for your clarification. Will it be a good idea to write a memorandum of understanding of the partition with a clause that a newspaper advertisement be put regarding objections for the transaction and In case no objection is received then we can proceed to register a partition deed as per memorandum of understanding. This is like a sale agreement being executed when documents are lost and then newspaper advertisement of public notice of intention to purchase and any objections and go for sale deed registration if no objection is received.
