Dear Sir/Madam, We have a commercial 3 floors building in evidence constructed by my father in 2010. I got ground floor as a gift(gift deed) from my parents at the time of my marriage in 2010, and second floor to my sister(elder), third floor has to share equally(I and my sister). Unfortunately, my gift deed is not registered, but my parents signed in a 100rs stamp paper with 2 witnesses. Originally the property has purchased by my grandmother in 1982 and registered in SRO Vishakapatnam. but in 1999 the government has regularized lands in Vishakapatnam and issued new patta's in 2017.So my father made patta's on my name and my sister name in MRO office, but patta has given with same extent for both (Me and my sister) and didn't mention boundaries in the document. Since I have been staying abroad(USA) and given my original patta document to my sister before leaving to USA 5 years before. My mother expired in 2018 and my father sickout after that. So that my sister took it as an advantage and converted Municiple taxes and power bills on her name and given all 3 shops for rents and made agreements. She also took loan from co-operative bank by showing her Patta document only. My father and I were trying to convince my sister many times to handover my patta and my share in the building, but she is not listening anybody. So that I field a civil suite against my sister and the case is in IA Pending. My sister field a written statement saying that government has given the land(Patta) to her and she constructed all 3 shops with her money in 2019. Originally building constructed by my father in 2010 after my marriage. I have only Xerox photo copy(Patta) and unregister gift deed, and certified copy of my grandmother sale deed with me to produce to court. Now Civil Judge is asking the Original patta document in hearing, My advocate filed a petition saying that the original document is with my Sister. But my Sister filed a counter saying that those are lies and she doesn't have a such document with her. I am also trying to get the document from MRO office but they are asking a notice from Judge to verify the document. Question1: Can I file a criminal case against my Sister to produce original document? I have only audio records as an evidence with me to prove that my document is with my sister, Since I have asked the document many times in phone and recorded same. Question2: Will court accept Xerox copy of my patta document? I also have application list from VRO office to produce.
Your lawyer should give your sister notice to produce original patta
2) if she fails to produce xerox copy is admissible in evidence
3) you can also apply for certified copy of patta from MRO office
4) probate transcript of audio recordings
5) audio recordings are admissible in evidence
The notice of Production of Document to the other party who is in possession of the documents which are supposed to be relevant for the proceeding of the case. Proofs and pieces of evidence are highly in demand by the court to decide the case.
An application under Order 12 Rule 8 of Civil Procedure Code, 1908 can be filed before court as a notice to produce documents to the opponent party.
If the documents are not provided by the respondent party, then the court will give an opportunity to the petitioner to produce the secondary evidence under section 63 of the Evidence act.
As per the Order 11 Rule 14, Court can order for the production of the document by any party in the suit. And the court can further proceed with such documents as appear just. This rule empowers the court to order the production of documents during the pendency of the suit.
Order 11 Rule 16 of Civil Procedure Code,1908
Notice to produce- “Notice to any party to produce any documents referred to in his pleading or affidavits shall be in Form No. 7 in Appendix C, with such variations as circumstances may require.”
Difference between order 12 and oder 11 is
Order 12 Rule 8 deals with the production of documents which may or may not be mentioned in the plaint or written statement by the party. A party can issue a notice to the other party which is in possession of the documents to produce the document.
Order 11 Rule 16, deals with the production of documents which are specifically mentioned in the written statement or affidavit or plaint by the party. A party can issue a notice to other party who is in possession of the mentioned document to produce the document.
1. Yes, you can file application in pending case serking direction to sister to produce orgional documents. However, if you have photocopy of documents then the same can be proved by leading secondary evidence.
2. Yes. Take permission of court to lead secondary evidence. You can also call govt records.
File application in court with transpired recording of her admission that patta is in her possession.
Secondly, her lie can be easily caught that she has constructed the building in 2019, very easy to obtain old pics of constructed building.
Unregistered gift deed not valid. Get it registered. Patta does not confer title. So having patta in her name does not make any difference.
Obtain certified copy of sale deed from SRO Vishakapatnam.
Her defense is very poor.
Also pray in court to deposit the rent in separate bank account till dispute not resolve.
You can seek documents by filing civil case. You can also file criminal case for penal provisions
- As per law, the registration of gift deed is mandatory , otherwise it has not legal value.
- Further, if your father is alive , then he can cancel the authority given to her by way of patta
1. If she is not producing the said original document before the court , then you can issue a legal notice to her to produce the same before the court.
- Further, if no positive respondent, then you can move an application under section 12 rule 8 before the court
- Further, if you having proof that the said document is lying with her and she is telling lie before the court , then you can file an application under section 340 CRPC against her for lodging an FIR
2. Photo copy not accepted in evidence, however you can call the record from the office of the VRO.
Thanks for the response and answer to my questions. Last question: Can I file a criminal case parallelly when civil case is in hearing without magistrate consent? If so, the police department will file the FIR and investigate.?
You can file private complaint before magistrate under section 156(3) of cr pc to direct police to investigate and submit report
No. Since the civil case is already pending, hence on same grounds and facts you now cannot file criminal cases.
Yes you can file ur you have merits for a criminal case too
Criminal case will not be maintainable in this situation.
Don't waste your time on it
- Yes, you can file a criminal case , while the civil suit is pending before the court.
- However, non-producing the document before the court is not an offence , and follow the reply as i mentioned above.
Magistrate consent not required