Hello Esteemed Practitioners of Legal Sciences, 1. I am about to approach a Court for legal heirship and succession certificate for the purpose of inheriting movable and immovable properties(mutual fund folio, death benefits in life insurance policy, flats held vide share certificate in co-operative housing societies, and one commercial shop). 2(a). I have contacted one local lawyer here. 2(b). The lawyer is not a relative of mine by blood or any other relation. 3. He is asking me to hand over all original documents such as flat purchase agreements, sale deeds, registration deeds, stamp duty receipts, share certificates, etc. so that he can draft petitions. 4(a). My concern is whether it is safe to give all the original documents? 4(b). Is there a possibility of misuse? 4(c). Can he do a fraud and take the property for himself? PS: (A). Please don't take any offense (B). Please don't give replies like "If you do not trust this lawyer, please find some other lawyer"
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never give original documents to lawyer
2) give him only xerox copies
3)if you give original documents you would be at mercy of lawyer
4) for inheriting movable and immovable properties you need letters of administration and not succession certificate
1. Yes it is safe if you trust the advocate.
2. See without proper signature there are least chances document can be misused. Further if fear so you can take a letter from lawyer stating that he has received all this original documents in persuade to drafting your petition and presenting before court.
3. See though there is least possibility of fraud because even after possessing original documents he cannot transfer the said property and in your case it is not even transfer to you.
Yes there's a typo in para 3. Kindly read it as--- 'in no case you should hand over----'
1. Lawyers do NOT ask for "original" documents, for drafting of any Application /Petition /whatever. Photocopies of the same are more than sufficient enough. However, the original documents CAN be required for submission or verification, in the court, BUT certainly not for drafting.
2. Apprehensively the original papers are being demanded as a leverage against his fees or to harass or extort more money later on.
3. Misuse of original documents of immovable properties, for the purpose of sale /gift /mortgage /transfer /whatever, is not possible, since they CANNOT be transferred without your signature /fingerprint /photographs that is mandatorily required BEFORE the registrar of sub-assurances. (unless he creates a mask of your face and finger prints)
Keep Smiling .... Hemant Agarwal
Firstly give him all xerox copies of documents sought by him so that he can prepare the draft petition to be presented before Court. You may need to submit original documents to court so at the time of presentation of petition you are bound to produce original documents.
Dear Sir,
My answers are as follows:
4(a). My concern is whether it is safe to give all the original documents?
Ans: For drafting the petition only Xerox copies are sufficient and say that you will produce either Xerox copies or available certified copies. Further you can produce the original before the court on the day of your examination and get it marked and get them back by producing relevant Xerox copies. Or ask the court to keep originals in court safe custody under the provisions Civil Rules of Practice and an acknowledgement will be issued by the management of the court.
4(b). Is there a possibility of misuse?
Ans; There is no possibility of misuse but there is possibility of misplacement. Because if advocate misuses such documents then he will not debarred from practicing but also sent to jail.
4(c). Can he do a fraud and take the property for himself?
Ans; Many of the lawyer afraid of their carrear as such they may not do such frauds. Better you share only certified copies or Xerox copies as advocate need not requires originals.
Please go and complain against this lawyer with the Bar Council
Its a professional misconduct on part of the lawyer to ask you to provide all original documents
Shame on such lawyers who bring bad name to the profession
He only needs a photocopy of the documents to draft the petition
He is asking for originals so that in case you do not pay his professional fees, he can retain your original documents and arm twist you to pay
A good lawyer will always inform the fees and expense to the client upfront and will never ask for any security against timely payment of fees by client
If client does not pay his fees, he is always at liberty to take a discharge and return brief to the client
The lawyer's conduct is highly deprecated and very shameful
Please approach a good lawyer
1)Lawyers never ask you original document of sale deed.
2)You can hand over Xerox copy.
2)May be misued .
No, photocopy will submit not originals for succession certificate and S certificate issues for movable only, so asking for property documents unwanted. Not misuse but he may seize the documents for payment. So, fees shall be fixed in advance.
It's on you. But it's risky to hand over the original documents it can be mis-placed by him so better you handover him the photocopies.
You can issue self attested copies to your Advocate for the safer side that you hold the original documents with you there is nothing wrong in that and the advocate can use of copies whenever it is required you don't need any original to produce anywhere
It is not advisable to give all the original documents as an application seeking exemption from filing original documents in the court can also be filed. It's a routine thing.
Also, photo copies of the original documents would serve the same purpose and would be as good as the original documents in drafting.
1. You need not handover the original documents to your lawyer, he can prepare the draft on the basis of the photo copies of the documents also.
In fact he need not submit the originals to the court also in the initial stage itself, he can produce the same before court at the time of trial and can retrieve the same after replacing the same with the certified copies.
2. Thus you can inform the lawyer that since the same contest are available ion the photo copies too, the copies are sufficient for preparing the case papers.
If he do not agree then you can change the lawyer. There is no necessity to submit original documents and the lawyer also cannot insist the production of the same for this purpose
