• Copy property documents

Sir,
I gave xerox copy of my property documents to a lawyer for transferring the name and mutation from my father' name to my name. Both my parents are deceased. 
This particular lawyer has done nothing in past 12 months. I am worried if he can misuse the copy of property docs, like obtaining loan from a bank or doing fraud registry.
This property is a free hold house which my father bought in 1984 from lucknow development authority.
Kindly guide me if I should take any preventive measures.
Thanks
Nabeel
Asked 6 years ago in Property Law
Religion: Muslim

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20 Answers

No loan is granted on Xerox copy futher he cannot sale the property based on these xerox documents because you are legal heir to the property and actual owner.

Give lawyer a written notice to return the property Xerox papers.

Also the buyers responsibility to purchase the property under clear title so in worst scenario even if he did something wrong that can be reinstated in court and that document can be cancelled and he can be charged of fraud forgery cheating.

Also in future If you give Xerox of any document identity proof or property papers to anyone mention the reason on Xerox of giving such papers and mention date.

Don't worry the clear title and the real owner is required to register the property on verification sale or any deed is executed.

Check the municipal record for your satisfaction hire a good lawyer get property mutated in your name

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1, You are unnecessarily apprehending for something which can never happen.

2. On the basis of photostat copy no property can be transferred.

3. Even while holding this property you may need to share with its copies with many departments and every time you can not expect it to be misused.

4. So stop worrying on this issue and if this advocate is doing enough then engage another professional to do the needful.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

If your are in much of apprehension for your own satisfaction you can give a written complaint otherwise you hold a valid title possesion and mutuation is in your name so nothing to worry.

Write a formal letter complaint to concerned police station and keep it for record in future.the receipts registration shows your valid possesion and title to the property.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Can you let me know what title document/xerox copy has been given to the lawyer. Either it is conveyance deed or perpetual lease, etc.

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

Using Photo copy no one can transfer the title or getting loan. More over your signature and presence are required for such transfer. If do you have perturbation, then check the details of mutation and take an encumbrance certificate for getting the present status of the property.

Ajay N S
Advocate, Ernakulam
4072 Answers
110 Consultations

5.0 on 5.0

Lawyer would not mis use your copies of property documents

2) you can ask Lawyer to return your copy of documents in his possession

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Mutation does not confer title to property

2) it is only fir payment of property taxes

3) execution of registered sale deed cinders title to property

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Lawyer would return your documents

You need not worry

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Making a sale from a sale deed the original owner is required the sub-Registrar verify seller and buyer and record biometrics and photos of the both parties along with orginal.documents are required so there cannot be any chance donot worry.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Since you have given only xerox copy of property documents to your lawyer for mutation in your name. These documents cannot be used for obtaing loan, as the bank takes only original documents of title . Bank also verify from the record of ownership at its own leble before sanction of loan. You can personaly check the record from concerned authority whether any application has been made for transferring the name of ownership. You can also move any application not to trnasfer the property without your written consent.

Vijay Kumar Garg
Advocate, Mohali
17 Answers

4.0 on 5.0

As long as it was just a xerox copy, there's no trouble.

The mutation from the Lucknow Nagar Nigam is sufficient.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

As a matter of caution, you may go to this lawyer and demand your documents from him.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

1. He can not do anything with the said photocopy but there are unscrupulous people who manufacture fake documents taking clue from the photocopies of original documents.

2. Change the lawyer and get your name mutated at the earliest.

3. Collect the legal heir certificate of your father's properties and you yourself can apply for the mutation submitting the legal heir certificate and the death certificate of your father.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. There is no meaning for lodging FIR for loosing photocopy of the title deed.

2. Get the mutation done by the Lucknow Nagar Nigam which will at least record your name as the present owner of your late father's property.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. You shall have to apply for the mutation with the evidence that you are his only le

gal heir and also that he has died.

2. So, you shall have to submit the legal heir certificate and also your father's death certificate for mutating your name.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Dear Sir,

If you are so suspicious then you cannot lead your life peacefully on this earth. Nobody sanction loan on such waste Xerox copies pertaining to your property which were given to your advocate. It is better to visit the concerned officer by yourself and get katha changed in your name by following the below given procedure found in the following Government Website.

http://lmc.up.nic.in/

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

If your lawyer is not responding or not returning the copies of the documents then you may first issue a public notice in a leading newspaper stating that the public are warned against entering into any transaction namely sale agreement or sale deed or mortgage on the basis of the photocopy of title documents held by so and so residing at so and so place.

After that you can issue a notice to the lawyer demanding return of the copies of property documents held by him.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Since you know that these are held by the said advocate you need not report loss of the same, it will not be valid.

You can adopt the other method as suggested.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You can apply directly to the authorities concerned about mutation and follow the procedural formalities.

Keep the tax receipts safe and secure.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You can send him a legal notice to return the documents immediately. You can also file Police Complaint if he doesn't returns the same.

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

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