• Car parking issue

1) Father was originally allotted a car park (#9). Father asked the builder to give another car park (#1) as it was not a fully covered park. 
THE CAR PARKS ARE NOT REGISTERED

2) The builder allotted another car park (#1)  which he had originally sold to one of the flat owners and modified the drawing and gave (#1) to Father.

3) Father parked his scooter for around 10 years and after Father donated his scooter, the flat owner who originally had (#1) started parking his car there. 
( None of the neighbors are willing to attest to the fact that Father parked his scooter there as #1 is a big shot).

4) In the meantime the builder sold the original car park (#9) to another person living in the flats next door.

4) So Father took the case to court and the builder said that he did not re-allot the original car park nor is his signature on the allotments.

5) Father lost the court case and now he does not have a car park.

To make it more complicated Father also gave all the original documents to the lawyer, which the lawyer states are with the court.

As the lawyer wants to file an appeal in a different court. I am worried that we will lose these documents and some one else will take over Father's flat.

Questions:

Is it customary to give the original to the court?
Is there a way to get the papers back and use a certified copy of the papers?
What should be the next steps to get the original documents back?
Asked 1 year ago in Property Law from United States
Religion: Hindu
1) you can furnish certified copies to court and make application for return of original documents . 


2) court will return original documents . 

3) generally  during trial original documents are filed in court . dont worry court will return originals 
Ajay Sethi
Advocate, Mumbai
23097 Answers
1212 Consultations
5.0 on 5.0
Hi,
1. Most of the time it is mandatory to submit  the originals in the court at the time  in  evidence as primary evidence, if not available need to request the court to allow to submit  copies in evidence, this can be done with the permission of the court by moving an application.

2.  Once it is submitted you cannot take back the documents till the matter over / nor substitute the originals with copies
3. Once the order is passed  in the case you will have to move a simple application in the court to return the original documents. once this application is filed  on the same day or within few days time documents are returned to you.
4. Your advocate will have to obtain the documents from the court and  you need to also obtain the certified copies of the judgement /order and all the exhibits of the trial to file appeal in the higher court
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. Sale of car parking slots is illegal in the first place.

2. Your father went to court and lost. He can now appeal in a higher court which may overturn the decision of the lower court.

3. It is in tune with common practice and law to file the originals. The originals are returned to the party after the disposal of the case.

4. You can through your lawyer apply to the court to release the original documents.

5. Whether or not certified copies can be used in place of the original can be told only after the nature of documents is known.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
Hi,
1. Original papers are not submitted in court.
2. If the lawyer has lost the papers, apply for certified copy of the flat in the sub-registrar office of the area where you had registered your flat.
Never handover original documents to anyone including lawyers.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
Yes it is customary to give the originals to the court. The court usually returns the same after the disposal of the case. if you need the originals, it is advisable to furnish the certified copy from the court and with the permission of the court, submit the certified copies wherever need be.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1. Has the Court acknowledged the receipt of the original documents?

2. Since the case is over, your lawyer should now take back those original documents by filing an pllication,

3. Be very careful since the said original deed can be deposited with any Bank for creating mortage on your flat while taking loan by someone impersonating your father as mortgagor of his flat,

4. You shall come to know about it after few years if the Bank initiates SARFAESI proceedings to take possession of your flat to sell it of to recover its loan outstanding,

5. You can get the certified copy of the deed but the above incidence of illegal mortgage is a regular feature now.
Krishna Kishore Ganguly
Advocate, Kolkata
12028 Answers
227 Consultations
5.0 on 5.0

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