Can a certified copy of sale deed be misused when original is safe
Amit
(Querist) 22 April 2013
This query is : Resolved
I am buying a flat and just wanted to cross check the documents (photo copy of sale deed) given by the seller, I approached a local lawyer and he asked me that he will verify the same and also provide me the certified copy of sale deed from registrar office.
I just want to know can a middle man misuse the certified documents and what could be the severity of misuse of the certified copies if original is with the seller. What can be done to avoid the misuse.
Shashikant V. Patil
(Expert) 23 April 2013
Even middle man can obtained or any person can obtained certified copy from registrar office. It is a public office so what is your apprehensions and doubts is not understood.
J K Agrawal
(Expert) 23 April 2013
It is not clear that why u do not have original copy. Purchaser have a legal right to have original sale deed with him.
Any way get certified copy and keep it with you. Any one can get a certified copy of sale deed but no conveyance is possible by certified copy.
If one plays fraud with the documents, the punishment is very severe and up to life imprisonment.
RAJU O.F.,
(Expert) 27 April 2013
Anybody can apply for certified copy of any document on payment of necessary stamp duty and charges. Don't worry too much about what can be done with such certified copies. If any mischief done by some one then only think to protect your interest through legal measure.
prabhakar singh
(Expert) 27 April 2013
certified copy of any document registered within register of sub registrar is a public document and any one can obtain it's copy barring a will where some formalities may be extra.
There is no question of use or misuse.
Guest
(Expert) 27 April 2013
Any document can be misused by any one, if you are not attentive in handling legal documents.
Anirudh
(Expert) 27 April 2013
One man's confusion is getting confounded here.
The querist is proposing to purchase a property. Naturally, the seller at this stage will only give a photocopy of the document to the prospective buyer to enable the buyer to verify and satisfy about the ownership of the property.
The querist has approached the lawyer to get the documents verified and to see whether everything is in order and whether he can proceed with the proposed purchase.
The lawyer, should have verified the contents of the document, if need be should have conducted due diligence by applying for Encumbrance Certificate from the Sub-Registrar's office and then given his views about (i) the genuiness of the ownership as verified from the photocopy of the document and the encumbrance certificate obtained from the Registrar's office, (iii) whether the buyer would be safe or not in going in for the purchase.
It seems the lawyer in his enthusiasm has gone one step ahead and told the querist that he will also try and get a certified copy of the title document (this is to satisfy the client that apart from the photocopy, even the certified copy can be obtained and shown so that the confidence level of the purchaser can get enhanced).
Instead of understanding the context in which and the intention with which the lawyer told the querist that he will even get a certified copy of the document, the querist has posed the above question.
The sale/purchase transaction is yet to take place. Once the transaction takes place, and the seller executes a Sale Deed, naturally the querist being a buyer would get the ORIGINAL SALE DEED in his hands for him to keep with himself. That's all.
Amit
(Querist) 28 April 2013
Thank you all for giving valuable suggestion and replies actually I am bit worried about the purchase and I think anyone would be, The lawyer has given me one set of certified copy of title chain and told me that title is clear but nothing given in written apart from the copy.
With all the faith in Doctors, Lawyers and above all the Almighty I hope everything will be fine. I thank you all once again.
