What is the right time to handover xerox copies of property documents
28-Apr-2023 (In Property Law)
Hi, I have a property in Delhi which I agree to sell last week. Now without signing any agreement as of now, the potential buyer gave me Rs.1 lakh as token money and now demanding the Xerox copies (Marked Crossed) of the property as he wants to make a Bayana. I want to know is it legally right to handover the documents or should I refuse and tell him that until Bayana is signed and we get atleast (10%) of the total sum as insurance, we won't be handing over anything to him ? Please guide me through this process.
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.
Can photocopy be used as evidence in Court?
Secondary evidence includes photocopies. The notice is only to be used as a precaution. Section 65 of the Indian Evidence Act,1872 specifies circumstances in which secondary evidence may be presented.
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What is Section 65 of the Evidence Act Judgement?
What is Section 65? Section 65 explains the circumstances under which secondary evidence can be presented without primary evidence. The party may not seek permission from the Court to admit secondary evidence if Section 65 hasn't been exhausted. 03-Apr-2022
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.
As agreement to sell is completed only after giving and taking of Bayana.
supreme court judgement on photocopy evidence
Section 63 and 65 of evidence Act
Supreme Court judgement on secondary evidence
Photocopy not admissible in evidence
Latest judgments on Section 65 Evidence Act
Landmark judgment on secondary evidence
Whether photocopy of any document can be exhibited without production of its original copy
Latest Supreme Court judgement on Evidence Act
Supreme Court verdict on Evidence Act on exhibit document
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.
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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