Return of original docuents
I had a dispute about land in Mysore, Karnataka and my original sale deed of my property was with the respondent and the respondent had submitted it in the court during the trail. Now I have won the case and there is no appeal(Appeal period of 3 months is over). Can I now claim my original sale deed which has been submitted by respondent . I have taken certified copy but can I get back my original. Pl. advise
Asked in Property Law from Mysore, Karnatka
1. How did the original deed go to your opposite side? This information is required for giving proper reply,
2. If it was missing from your custody then you should first lodge a missing report to police,
3. However, you can file an application demanding the said original sale deed from your opposite side.
1) you have to make a application to court for return of your original sale deed filed In court during trial
2) court may grant your application after hearing the defendant on said issue
1) even after you win the case original documents remain in court
2) yiu have to apply to court for return of originals filed by you
3) in the present case original sale deed has been filed by defendant and not by you
4)you have to take out application for return of original sale deed filed by defendant
5)court will pass order only after hearing the defendant
Yes, once the trial is over and no appeal is preferred the party can get back his document.
However in your case the other party submitted the title deed. So he alone can get it back but you will not be allowed to take it back.
The original document can be obtained only by the party which has submitted it in the court. Since you did not submit the document to the court you cannot make an application to obtain it.
If the document has been marked as respondent side document, it becomes the document of the respondent hence you may not be permitted to get the same.
Whatever worth it is you may apply for return of documents, let the court decide about its properitory.
Hi, you will not get the original documents as the sale deed is produced by the other side so they can only get that documents return and you will not able to get that document.
Check the original document is presented before the court by Defendant. If so file an application for getting the original by accepting the certified copies. let the court decide it on merit. You have plea in your petition that the original documents were kept in the defendants custody.