Orignal property documents stolen
Shiju
(Querist) 10 June 2012
This query is : Resolved
Location : Bangalore
Respected Sir,
I wanted to sell my property and had advertised it in the newspaper and one person called Mr.Manjunath had called me and suggested that he was interested in buying the property, he asked me for the photocopies of the property document and when i provided him the same , he came back saying that as the photocopies are not clear he wants to have originals which he can get it photocopied. As a matter of trust i met him and his brother and provided him the originals which his brother took to get it photocopied, in the meanwhile Mr.Manjunath took me to have tea and while we were having tea, Mr.Manjunath got a phone call and told me that he will be back in 5 min and thereafter he and his brother disappeared with the original documents
All the original documents of my property have been stolen. I have taken the below steps
1) Put up a notice in a local as well as a nationalized newspaper that the orignals documents have been stolen.
2) filed a complaint with the Police and pushed to file an FIR which they are refusing.
3) Filed a PCR case in the civil court asking the court to force Police to investigate the matter or file a FIR against the thief(Mr.Manjunath) who is untraceable now.he mobile no. is also switched off.
4) Taken all the certified copies of the documents.
My questions are
A) Is there anything else i should do in order to safeguard my property.
B) what is the best way to get the original documents again as i really want to sell off the property and the customers really ask for the original documents.
Thanks
ajay sethi
(Expert) 10 June 2012
how can you give your original documents to a stranger to take photp copies?
you have taken the right steps now to protect your interests . chances of retireval of your original documents are slim as unless the culprits are traced you wont get the documents . most probably he must have mortgaged those documents and obtained money from unsuspecting bank .
M/s. Y-not legal services
(Expert) 10 June 2012
nothing to worry., since you taken all necessary steps to secure your property rights, there is nothing can do against you..
after paper publication itself if any banks or money lenders lent money mean that is their own risk..
-tom-
Shiju
(Querist) 11 June 2012
Thanks a lot Ajay Sir / Tom Sir
There was a 3 months delay in publishing the notice in the newspaper, But Police complaint was done on the same day.
1) Does it mean within these 3 months if the thief had used the documents, then i would be responsible for the same.
2) Is there anyway to find out whether he has used my documents to get some loans
Thanks
ajay sethi
(Expert) 11 June 2012
equitable mortgage can be created by deposit of title deeds . since your original documents are lying with th culprit he could have mortgaged them and you would be in a soup .
however fact that you have filed police complaint on same date is in your favour .
equitable mortgaged is not compulsory registerable . so difficult to find out
S Jadhav 98336 98330
(Expert) 11 June 2012
Shiju,
It is good that you acted quickly after making a mistake. All your actions have also been appropriate. Good work done after the event.
You may be unable to get the original documents. However, you can get certified true copies of the registered documents from the local registrar's office.
Do remember that the original documents are necessary to complete the sales but in case like yours the certified true copies are adequate to complete the transaction.
Also, since there are time limitations for various events, you need not worry much as after some years the earlier documents would be of no use. In any case the property is also in your possession.
S Jadhav
Shiju
(Querist) 13 June 2012
Thanks Jadhav Sir.
Can you please elaborate when you said "there are time limitations for various events, you need not worry much as after some years the earlier documents would be of no use".
Thanks Again.
