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  • Category: Lawyers

    Rescanning and misuse of sale deed


    Have a query about sales deed? Wondering if it can be rescanned and misused? Check out this page for advice from experts here and resolve your worries.

    I got a property registered. Builders who sold to me are partners(2 persons). After all registration process like sign, seal of sub registrar & scanning, I noticed that in Page 3 one of builders has not signed.
    I informed the builder, and he signed later. He gave the original document to a person in the registrar office. That person in sub registrar office asked 2 days for rescanning the original documents. My queries are:
    1) is rescanning possible again?
    2) original documents that I have given to him, can he misuse it?
    Can you provide guidance?
  • #144976
    First check the ownership of the property bought by you. As you have said the property has two owners.After all registration process like sign, seal of sub registrar & scanning, I noticed that in Page 3 one of builders has not signed. You informed the builder, and he signed later. He gave the original document to a person in the registrar office. That person in sub registrar office asked 2 days for re-scanning the original documents.

    >> Yes the re-scanning possible. The property doesn't owns to you till both owners sign the agreement.
    >> Original documents that you have have given to him he can misuse it.

    The only way to give all payments by cheque to both persons. If any things happens you have a proof that you have paid for property to both owners. In all registration check both owners sign on every page till the property registers on your name or you can take affidavit from both of them before payment.

  • #144978
    Rescanning of all the papers is not required. Only one paper where the one of the owners has not signed is to be rescanned. Why you have given all the papers for rescanning. I think that is a mistake from your side. Generally after registration you will not get the papers immediately. It will take some time for you to get the original papers back. So that is not a problem. Do you have a copy of the deed with you. You might have taken a xerox copy of all the papers with you. If you have any problem in the original papers, the xerox will act as a proof. However I don't expect any fowl play in rescanning in the registrar's office.
    drrao
    always confident

  • #144988
    As per your query we should very cautious in dealing with property matters. Re-scanning is possible but now as per the recent technology scanning takes a few minutes where you can go the registrar office meet the concerned person and ask for your original document. In case if he mentions to re- scan, then be there and get it done. Misusing of the papers can be done because now technology is so vast that most of them use it for negative work than utilizing for positive work. So its better you go the registrar office or contact the builder from whom you purchased. But always before handling any original documents it better to have a xerox of original and take a sign from a person to whom your submitting your original documents to prevent from further complications.

  • #144996
    There are people who can always misuse and do frauds if they get an opportunity to do it.

    In your case if you have a copy of the documents or you can get one from registrar office then you need not to worry. Even if you do not have a copy you insist in registrar office for the original on some pretext that you have to go out for some urgent work and you require the document immediately. Meet the registrar and tell him your problem and request for the originals.

    You have all the documents for payment to them so you need not worry. Many people leave their documents with registrar office and later collect it. So it is most likely that nothing is going to happen but you must insist for originals to be returned by them at the earliest.

    Knowledge is power.

  • #145066
    First, let us take things in a positive way.
    Established or big builders of the area would have a good rapport and relationship with Registrar Office because they would have visited the office for various times for various matters. The Registrar's office staff and the builder may be acting things in good mutual faith from experience. After the documents are executed(signed) and registered also there are procedures. So the work at Registrar office would not have been finalised and closed within just a few minutes of affixing sign and seal. So any needed corrections are possible and can be done until the documents are recorded as properly registered after one or more scrutiny and verification at the RO.

    As the builder has signed personally in front of you all, on the same date, inside the registrar office and in front of you, it is a valid execution only.

    As an abundant caution, after getting the deed after the prescribed number of days, you may apply for a certified copy of the deed by paying the required fee. You can compare the original and copy and ensure that there is no difference in them.

    I hope you would have gone through the initial verifications and enquiries before, including lawyer's opinion,the document making and paying consideration. If you had taken all the prudent measures then, you need not worry much now.

    'Present fears are less than horrible imaginations'.


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