What's the Right time to handover Xerox copies of Property?
Raveesh
(Querist) 28 April 2018
This query is : Resolved
Hi,
I have a property in Delhi which I agree to sell last week.
Now without signing any agreement as of now, the potential buyer gave me Rs.1 lakh as token money and now demanding the Xerox copies (Marked Crossed) of the property as he wants to make a Bayana.
I want to know is it legally right to handover the documents or should I refuse and tell him that until Bayana is signed and we get atleast (10%) of the total sum as insurance, we won't be handing over anything to him ?
Please guide me through this process.
Kumar Doab
(Expert) 28 April 2018
Generically speaking; Before accepting/making any payment the buyer can check the title is clear or not...!
At the time of Byana at least the property docs can be shared..
Rest obtain advise of your own very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue/civil matters and having successful track record and worth his/her salt.............
Ms.Usha Kapoor
(Expert) 29 April 2018
Agree with Kumar Doab.You can share Xerox copies with buyer to check your title to the property in question as he is prepared to pay bayana. He Has an entrenched right to check documents of title to the property in question before paying bayana to which you should not object.
Dr J C Vashista
(Expert) 29 April 2018
Before executing Bayana and payment of bayana amount the buyer has to satisfy himself qua title and encumbrance of the property.
Moreover, no document can be executed or registered on the basis of crossed photocopy of the property, therefore, there is no harm/ loss to you in handing over photocopy of title documents.
The buyer has every right to ensure marketable title of the property being purchased.
