• Documents copies for vacant plot given to prospective buyer

Hello.

My father owns a society plot in Hyderabad   We wanted to sell it and my mother new a broker  who then introduced us to his friend(another agent). This agent informed us that he knew a party who are interested in purchasing the property (a plot).

As the price was ok we decided to go ahead with the deal and we met the "prospective buyer" 2 times. They had asked for copy of the docments like sale deed copy, encumberance certificate and link documents.

The first time we met the prospective buyer , a male who then introduced us to his business partner, a lady andinformed us she would be making the purchase in the company's name.

Eversince we had given the copies of the documents (sale deed , ec, link documents) we have not heard from them.

I am not concerned about the deal. Both the agents and the so called prospective buyer are not replying and despite numerous requests we are unable to get back the documents. Even if we did get back the documents they must have already made copies.

My question is 1) can these people misutilise these documents to sell this plot which is in my dad's name?

2)What course of action to take in order to  safeguard/protect the plot and to make sure that this party cannot cheat us.  

3) Will approaching the society and giving them a letter in writing  by the owner (my dad) be useful?

Please let me know  so I can take the necessary action

Thanks .
Asked 7 months ago in Property Law from Hyderabad, Telangana
Religion: Other
Hi, Keeping the photo copies of the documents he can't do anything for transferring the property it has to be registered before the Sub-Registrar office  and your father present is very much required  then only the sale transaction is complete so they can't do anything with the photo copies of the documents. Don't worry.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) broker can forge your father signature and prepare fraudelent sale  deed

2) issue legal notice to broker to return your copies of documents 

3) also file police complaint against the broker 

4) also send letter to society not to entertain any application for transfer of your plot unless it is submitted by yiu as you apprehend broker may create fraudelent sale  deeds forging your signature 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1) First apply for an encumbrance certificate (30 years) at sub registrar office for your property. If the property records show your father's name as owner of property then you dont need to worry at all.

2)if there is an entry in encumbrance certificate which is not related to you or your link deeds then you should get cautious and take support of a lawyet.

3) normally for a transaction to complete your father will need to do a registration at sub registrar office. Handing over of Xerox copies of link deeds , title deeds do not constitute conveyance(transfer) of property. Any transfer of property has to be done only by way of registration at sub registrar office after payment of stamp duty and registration charges.
So no worries.
Hope it helps.
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
1) can these people misutilise these documents to sell this plot which is in my dad's name?

No.this peoples could not sold the property with out the help of your father.

2)What course of action to take in order to  safeguard/protect the plot and to make sure that this party cannot cheat us.  

If you are not entered in to an agreement for sale of the property  between them then there is no need to too much worry about the papers. 

3) Will approaching the society and giving them a letter in writing  by the owner (my dad) be useful?

Your father is the absolute owner of the property So with out a sale agreement they  could not execute the sale .A Sale Deed is the core legal document that acts as proof of sale and transfer of ownership of the property from the seller to the buyer. A Sale Deed has to be mandatory registered. It is important that before the Sale Deed is executed one should execute the sale agreement and should check for compliance of various terms and conditions as agreed upon between the buyer and the seller.
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
5.0 on 5.0
1. As a matter of practice the copies of original documents are not handed over by the seller to a prospective buyer unless some token money i.e sai is paid by the prospective buyer to the seller. This token money then ensures the return of the copies so given.

2. Documents can always be misused. You were naive to give them without token money.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
It looks the copies handed over to the prosepctive buyer are not crossed. Even then it is suggested that you heck and get the latest mutation document of the plot form the authority, this will record your presence in the records of the department. Also on a precautionary note you can give a small notice in the local newspapaer saying that the said plots belong to you and you have not sold it to anyone.
Atulay Nehra
Advocate, Noida
433 Answers
15 Consultations
4.7 on 5.0
1) can these people misutilise these documents to sell this plot which is in my dad's name?

If the so called prospective buyers are not genuine buyers and their intention is to defraud you or do some illegal activities against you for wrongful gains, you cannot come to know about their such evil deeds until the act is done, hence as a safety measure you may give a newspaper publication stating that the so and so buyers who pretended to buy the properties in the schedule given therein are suspected to do some mischievous activity in this regard or involving in a scandalous act to defraud the the prospective victims hence you being the original owner shall not be held responsible for any such claim for the acts done through the said fraudsters. 
This step will protect your interest in the property even if they try to misuse the copies of the property document held by them.






2)What course of action to take in order to  safeguard/protect the plot and to make sure that this party cannot cheat us.  

The suggested measure in the above paragraph may be followed besides your own ideas in this regard.






3) Will approaching the society and giving them a letter in writing  by the owner (my dad) be useful?

Such additional measures also will be appreciated which are in your own interest.
T Kalaiselvan
Advocate, Vellore
13945 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
13945 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5176 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
433 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0