Certified copy or photocopy of original documents?
Situation : My father died in the year 1993 and we are 7 legal heirs including my mother.
A few months back I was searching for something in my elder brother's room and there I found a file which had property documents stating that the house has been transfered in my brother's name in the year 2000. He got the property transfered in his name by first transfering the house via GPA in our mother's name and then got a gift deed executed in his own name without the consent of other legal heirs.
My mother is illiterate and when I asked her about the same she said that she has no knowledge about any such documents. We then filled a suit against my brother.
My brother in his written statement has claimed that we have attached photocopies of agreement to sell and conveyance deed (fraudalently executed in my mother's name) and certified copy of only gift deed. Now he his claiming that the suit is barred by limit because we have attached photocopies and which means that the documents were under our possession from the beginning.
Have we made a mistake by attaching photocopies of agreement to sell and conveyance deed? How can we prove that we found the original documents only a few months back?
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Now you can produce the original which is traced out and same will be received by the Court since it was not in your hands all these days.
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