Not returning our original documents, what to do?
Late Mr X has 4 properties, has 2 Sons(S) and 3 daughters (D).son (S1) got expired leaving behind his wife n son( me).son (2) is not ready to do settlement of all the properties properly. Now the scenario is S2 took original documents ( death certificate of my father,marriage certificate n my birth certificate) saying he doing succession deed of only one property. With trust we gave the documents. They told us to get witness at the time signing the succession deed.i told them me n my mother are ready to sign but before that you show the draft of the deed that u have made,he is not to show.i personally went to their advocate and asked for deed paper,advocate showed me the draft.the succession deed was done of all the properties of Mr X,not of one property,saying after Mr X S2 n late S1 wife n son are the successors and releasing parties are all 3 daughters. (in 2011,we wanted to settlement of one property but they were not ready to do)nowThey took original certificates from us saying doing succession deed of only one property. They cheated us.now S2,D1and D2 are playing foul game with us.me, my mother n D3 are not ready to sign on deed.and asked them to return our original certificates but their are not ready to return it..what I should do Now?
Asked in Property Law from Margao, Goa
Issue legal notice to S2 to return all original documents
2) if he fails to do so fine police complaint under section 406 of IPC for criminal breach of trust
3) obtain certified copies of said documents from marriage registrar of your marriage certificate, from registrar of birth your birth certificate
1. Please note that for claiming share of immovable properties, legal heir certificate is required and for claiming movable properties like bank Deposit, Mutual Fund, Shares, P.F. amount etc., succession Certificate is required.
2. Form your query it appears that you have been cheated by your uncle.
3.Lodge a police complaint against him for taking away your said documents deceptively.
4. Collect certified copies of the said documents taken away by your uncle.
For getting back the original documents from them , you may either issue a legal notice or lodge a police complaint.
However if the document pertains to the property devolving on all the successors, your demand cannot sustain maintainability.
Alternately you may obtain certified registration copy of the property document from the concerned registrar directly and file a partition suit claiming your share and separate possession of property out of that partition suit.