• Buyer of land property wants photocopy of porcha for searching

A person came to me who wants to buy a land which owns by me..he wants photocopy of porcha of land for searching..is it okay..to give him photocopy of porcha..should I give him..
Asked 6 years ago in Property Law
Religion: Hindu

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22 Answers

Yes you must give him the photocopy

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

1. Well, on the basis of photocopy of even land deed no one can claim title over the property.

2. So forget the Porcha on which basis your title is not gong to be adversely effected,

3. So there is no harm if you share the photocopy of your Porcha of the land.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

No, he can not commit any fraud. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Highly unlikely. You don't part with original, just the photocopy. He has every right to make sure that you have good title, so give him the zerox if porcha so that he can search at tehsildars office whether you are having clear title or not

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Yes you can give a photocopy of same mentioning the purpose and date on the photocopy, also you can take a receipt from him on plain paper that he has taken this document from you.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Also using just photocopy he cannot do any fraud though you can take precaution as suggested above.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Unless you give to the buyer the copies of the documents which form the chain of title how will he be convinced that your title is free and marketable? So you must give him the copy, but cross it and write ''XEROX ONLY'' on every page.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Unless you give to the buyer the copies of the documents which form the chain of title how will he be convinced that your title is free and marketable? So you must give him the copy, but cross it and write ''XEROX ONLY'' on every page.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You can give photo copy to enable purchaser to take title search of your property 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Unless title is clear and marketable purchaser will not pay you sales consideration 

 

there is no harm in giving xerox copy of sale deed 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Photocopy has nothing to do you can provide him photocopy of the said document ; nothing to worry on that it's just the extract of records of rights and your not going to provide him original nor he is asking for original you can provide him photocopy!!

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

It's not fraud but it's better you give him the details in writing rather than photocopy

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Just cross the photocopy with pen. No misuse possible but don`t give him any authority letter.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

- As per section 61 of the Evidence Act , the contents of a document may be proved either by primary evidence or by secondary evidence.

- An Origional document , is a Primary evidence , and a phtopcopy is a Secondary evidence , and alone only a photocopy cannot be classified as a Document.

- Hence, only a photocopy of a property document ,without the origional one ,is not admissible before the court.

- Further,only on the basis of photocopy , that person cannot do any fraud .

- Since, you are holding the orgional ownership in your name , hence also nobody can do any harm to you. 

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You can give the photo copy of the same but ensure that you make an endorsement stating that this photo copy is only for the purpose of reference and for searching and not to be used for any other purpose viz., any transfer transactor or alienation or any sort of encumbrance.

This will protect your interests in the property properly.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

If you make an endorsement as suggested in my previous post, he will not be able to do any fraudulent transaction with the help of this photo copy

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

1. You shall have to give the prospective buyer the photocopies of the title deed and parcha for conducting search for the property.

 

2. Take some token advance to ensure that he proves to be serious in buying your property and does not take photocopies of your property for his whim.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Yes, there are several instances of faking title deeds but the same will be caught finally.

 

2. In any case, you shall have to allow him to conduct the search for which those documents will be required.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

When ever photo copies are any documents are given, it is proper to mention the purpose of giving it, to whom it was submitted and when it was submitted on each page with full signature so that it can not be misused. These details to be incorporated at a place where deleting or applying white liquid/erasing fluid can not be applied. The owner may not be knowing as to Who misused, when it was misused , unless he writes the particulars. One can not doubt all the time, and because it was given to a professional, at this point of time, there may not be any danger. But to avoid such risks, atleat in future, or now it is better to incorporate the facts.  

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

 you can give a photo copy of a documents to the prospective buyer, but take acknowledgement of the same. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes it is okay you can give him photocopy of papers by writing on it that it is just for verification purpose. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Yes, you can provide photo copy of porcha and nothing harm in it.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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