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What is the right time to hand over xerox copies of property documents? Specifically, can a xerox of


25-Jul-2024 (In Property Law)
Hi, I have a property in Delhi that I agreed to sell last week. Without signing any agreement, the potential buyer gave me Rs. 1 lakh as token money and is now demanding xerox copies (marked crossed) of the property, as he wants to make a Bayana. I want to know if it is legally right to hand over the documents or if I should refuse and tell him that we won't hand over anything until the Bayana is signed and we receive at least 10% of the total sum as insurance. Can xerox of the sale deed be misused? If a xerox of property papers is given to a broker, is there any problem? Please guide me through this process.
Answers (5)

Answer #1
316 votes

Yes, while a photocopy (Xerox) of a sale deed or property document is not legally valid for transferring ownership or securing loans, it can still be misused in certain fraudulent ways. Scammers might try to use it to create fake documents or mislead others, especially in property scams.

That said, it?s generally safe to provide a photocopy to genuine buyers or institutions for verification purposes but with caution.

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Advocate Chikirsha Mohanty

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Answer #2
870 votes
Sir firstly you have to make an agreement to sell with that buyer and fix a date for the execution to that agreement in which you have got your entire sale transaction amount then only handover the documents to the buyer.
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Advocate Lavika Gupta

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Answer #3
909 votes
On sighing a byana deed a Bayana is moved and then contract to sell mature. With out completion of Bayana deed no documents required to give. You can only show them to the other party. As agreement to sell is completed only after giving and taking of Bayana.
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Advocate Sunil Kumar

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Answer #4
587 votes
There is no harm per say in handing over the xerox copies of the property as that does not mean anything. You have not executed any agreement to sell or any other property. The xerox is probably being demanded for knowing the details of the property. You can give the complete details of the property independently including dimensions, place, khasra, khatra, adjacent properties, roads, other details, etc. Also have the option to execute an agreement to sell whereby you obtain 10% of the sale price as consideration, which would legally reserve the right of both parties.
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Advocate Manu Tripurari

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Answer #5
587 votes
Don't worry. XEROX copy or any unregistered agreement has no legal sanctity in the eye of law. Therefore their is no problem to give Xerox copy of your house. The sale deed or any title deed is a public document and it is always available in Sub Registrars office. Hence there is no problem in delivering Xerox copies.
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Advocate Uzmi Jameel Husain

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