• Is a duplicate copy of sale deed as good as original for all purposes

Hi, the sale deed of property my dad bought 20 years back was lost. We procured a duplicate copy from Sub-registrar's office and also a Affidavit from the person who sold the property to us affirming the same and confirming that there is no liability. 

Now while selling this property rumors are spreading that as original is not there, Nationalized banks will not accept this property as co-lateraln and many other issues could come up in future. 

Is this true? Also, can you provide me details of the section of law that pertains to duplicate copy of sale deed?
Asked 6 months ago in Property Law
Religion: Hindu

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16 Answers

Public notice has to be issued in local newspapers about loss of original sale deed 

 

also police complaint has to be filed of loss of originals

 

you have obtained certified copy of sale deed from sub registrar office 

 

you may not get market price for sale of property but would be abele to sell the property 

Ajay Sethi
Advocate, Mumbai
84384 Answers
5530 Consultations

5.0 on 5.0

The Section 65 of evidence act reads as under:

“65. Cases in which secondary evidence relating to documents may be given. – Secondary evidence may be given of the existence, condition, or contents of a document in the following cases:-

 (a) xx xx xx

(b) xx xx xx

(c) when the original has been destroyed or lost, or

when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time;

 (d) xx xx xx

(e) xx xx xx

(f) xx xx xx

(g) xx xx xx

In cases (a), (c) and (d), any secondary evidence of the contents of the document is admissible.

Ajay Sethi
Advocate, Mumbai
84384 Answers
5530 Consultations

5.0 on 5.0

 A duplicate cannot substitute original. No bank will sanction any loan on the basis of duplicate. Original is primary document duplicate is secondary document. Rules as to evidence  of secondary evidence are stated in Section 65 if Indian Evidence Act, 1872

Ravi Shinde
Advocate, Hyderabad
1494 Answers
18 Consultations

5.0 on 5.0

There is procedure  to regularize a duplicate sale deed.

Ravi Shinde
Advocate, Hyderabad
1494 Answers
18 Consultations

5.0 on 5.0

A certified copy of the sale deed must be obtained. That is authentic. An FIR must also be lodged if it is lost.

Rahul Mishra
Advocate, Lucknow
13117 Answers
46 Consultations

5.0 on 5.0

The certified copy is as good as the original if the original is lost. A statement to this effect must be given in writing.

Rahul Mishra
Advocate, Lucknow
13117 Answers
46 Consultations

5.0 on 5.0

Dear Sir/Maam,

1) If you have lost the original copy you will have to file a police complaint.

2) You will now have to advertise any leading newspaper that you have lost your property documents.

3) Third step is to make affidavit and get copy from registrar, as you have already done this there won't be need to do it again.

4) Not having original deed high cause poperlems to find a buyer, as buyer will be hesitant. other than that they might ask for less price as the sale deed is not original.

5) Section 65(c) of the Evidence Act deals with secondary evidence when the original has been destroyed or lost.

Thank you

Anik Miu
Advocate, Bangalore
2729 Answers
27 Consultations

4.9 on 5.0

- Since, the original sale deed has been lost , then after lodging a compliant ,its information should be published in two local news papers for the said lost. 

- Further, you can get a certified copy duly attested by the Registrar legally. 

-  Further , as per Section 76 of the Evidence Act certified copies of a public document is admissible in evidence. 

- Hence, if the above formalities are adopted , then the said property can be sold upon producing the certified copy. 

Mohammed Shahzad
Advocate, Delhi
8182 Answers
86 Consultations

5.0 on 5.0

Certified copy of sale deed obtained from the jurisdictional Sub Registrar's Office is as good as the original sale deed. However if the sale deed is either lost or misplaced, immediate Police complaint has to be lodged as well as public notice has to be published to this effect in English and local language newspapers.

Shashidhar S. Sastry
Advocate, Bangalore
3807 Answers
227 Consultations

5.0 on 5.0

The answer to your query is only partially in affirmative. A certified copy of a registered sale deed procured from Registrar’s office is as good as original for legal proceedings before court of law. The judgment of Hon’ble Allahabad High Court in Kiran Singh vs. Balbir Singh [1993 AWC 138] is an authority for the proposition that certified copy of a registered sale deed is admissible in evidence in terms of Section 74, 75, 76 & 77 of the Indian Evidence Act, 1872  

 

Section 74 of the Indian Evidence Act, 1872 defines the public document and its sub section (2) provides that a public record kept in any state of private documents is also a public document. The record of the sale deed registered before the Registrar is itself a public record where in the record of the private documents is kept by the State and the State authority. Section 77 of the Indian Evidence Act, 1872 says that certified copies of the public documents may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies. So, for the purposes of legal proceedings, a certified copy of sale deed is admissible in evidence.

 

However, absence of the sale deed would definitely act as hindrance in selling your property in the first place. Because any genuine buyer may assume that you have created any kind of encumbrance on the property and that’s why you are hiding the sale deed or you may have created an equitable mortgage on the property by depositing original title deeds, due to which you don’t have the sale deed. Nobody would want a property which may in future open the flood gate to litigations by different people claiming better title to the property.

 

So, what you can do, in this situation?

Well, you may lodge an FIR regarding missing original sale deed (on an immediate basis) as the same is liable to be misused and you can face legal trouble. Thereafter, issue a public notice regarding loss of documents ads in two leading newspapers, preferably in an English language and a vernacular one (as per your domicile state), stating the loss of document. Please keep a copy of the complaint as well as the press clippings with you as proof of loss. This will establish your bonafide act and you may be able to sell your property further.

Hope this satisfies all your queries! All the best !

Abhinav Srivastava
Advocate, New Delhi
33 Answers
1 Consultation

5.0 on 5.0

1. It is not duplicate copy but certified copy of the deed which is collected from the Registrar's office in case of such loss of the original deed.

 

2. Banks and buyers are reluctant to deal with the property original deed of which has been lost fearing that the said property has been mortgaged for taking loan by depositing the original deed with the Mortgagee Bank.

 

3. You can make a CERSAI (Central Registry of Securitisation Asset Reconstruction and Security Interest of India ) search to establish that there is no mortgage on the said property and convince the PSU Bank to provide loan for purchasing the said property.

Krishna Kishore Ganguly
Advocate, Kolkata
26070 Answers
726 Consultations

5.0 on 5.0

Don't worry.  Certified copy in loss of the original copy is as good as original and can webe relied upon everywhere. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
364 Consultations

5.0 on 5.0

1. The document being the certified copy of the sale deed is certainly valid and no body will challenge its validity.

 

2. The problem will be with the question whether  the original has been deposited with any mortgagee bank or not for taking loan and in that case the subsequent sale will be invalid since mortgaged property can not be dealt with in any manner.

 

3. The find out whether the property has been mortgaged or not, CERSAI search is required since all PSU Banks have been directed by the RBI to register the details of the secured properties in the year 2012.

Krishna Kishore Ganguly
Advocate, Kolkata
26070 Answers
726 Consultations

5.0 on 5.0

Dear Client,

You have to have a certified copy of the Sale Deed from office of the Tehsildar.

Jaswant Singh
Advocate, Gurugram
910 Answers
2 Consultations

4.8 on 5.0

The sale deed is critical evidence of property ownership. No transaction concerning the property can take place unless the original papers are furnished. However, if the papers cannot be located due to some reasons, immediate steps need to be taken.

The first step is to visit the nearest police station and file a first information report (FIR). The FIR needs to mention that the papers are lost. A copy of the FIR should be taken by the owner and preserved for future reference.

A notice should be published in English and regional language newspapers stating particulars of the property, documents lost and contact details should anyone find the missing papers.

The owner has to make an undertaking on stamp paper, to be submitted at the registrar's office, with details of the property, lost documents, copy of FIR and copy of the newspaper notice.

An application with the following documents must be made to the property registrar to obtain duplicate copies of the sale deed. The prescribed fee for obtaining a duplicate will have to be deposited in the registrar’s office:

Copy of FIR
Copy of newspaper notice
Copy of share certificates issued
Notarised undertaking

 

 

The certified copy of the registration copy of the sale deed obtained after following the above said procedures may be considered as a valid sale deed for even loan purposes or for selling the property to a prospective buyer. 

 

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

You can peruse the provisions envisaged in the  the transfer of property act  1882 and the Registration Act 1908 for clarifying all your such further queries.

 

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

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