Attested copy is admissible in evidence of original will is lost
Will copy
Shahzad sir you mentioned that we can get a attested copy from the tahsildars office of the lost original will copy . will this attested will copy by the Tahsildar be admissable as as evidence of will in lieu of original will in a court of law for permanent injunction of tresppassers thanks
Asked 3 years ago in Property Law
Religion: Hindu
10 Answers
The original will copy is misplaced but was submitted to the Tahsildars office to get mutation done and all this has been completed in 2014. Can a signed certified copy by the Takhsildar be used as a evidence of the will in the court of law for a permament e=injunction for encroachment _ encroachement happened after 2018
Asked 3 years ago
Certified copy from tehsildar office is admissible in evidence for injunction
we got already a temprory injunction but here lawyer sates that Under the Evidence act the lawyer says we have to submit original for eveidence to get permanent injunction . please advise thanks
Asked 3 years ago
If original documents are misplaced or lost secondary evidence is permissible
2) Section 63 of the Indian Evidence Act, 1872 defines secondary evidence. Secondary evidence is other than original documents such as certified copies, Photocopy, counterparts of the documents etc. Secondary Evidence is admissible in the absences of the Primary Evidence.
3) in your case certified copy of will is admissible in evidence
Firstly the Tehsildar's office will not have the Will nor the copy with them because it is not the records maintained by them.
For the purpose of mutation you might have submitted the photo copy of the Will, whereas the photocopy of the Will is not recognised as a legally valid document.
However for the purpose of filing the injunction suit you may attach the said photocopy.
The certified copy obtained from Tehsildar's office will not replace the original Will for any reason, however based on the Will the tehsildar has mutated the property in favor of the beneficiaries of the Will, hence the mutation records shall be ample and strong evidence to prove the title to the property for the plaintiff.
Dear Client,
It is necessary to get a permanent injunction as the certified copy is regarded as secondary evidence.
Thank You
Since the court has already granted temporatry injunction, you may proceed with the case on the basis of the documentary evidences you have already submitted before court, if the court is insisting on the original documents at the time of trial of the main suit, you can adopt the suggested measures to prosecute the case further.
Yes evidence needs be submitted not necessarily original
if original is lost or misplaced then the party can always produce a photocopy or a certified copy by leading secondary evidence
courts are not so rigid so as to require original only
original may be lost
so for such contingencies there are provisions made in the Evidence Act
your lawyer is not right when he says that only original is needed
you can always rely on the photocopy and prove that copy to be the genuine copy of the original by deposing to that effect in your proof affidavit or examination in chief
- As per the first clause of Section 63 of the Evidence Act , certified copies are admissible as secondary evidence,
- Hence, you can produce the certified copy of the WILL before the authority and even court to show the geniuses of the documents.
- However , a certified copy will include a statement that it is a true copy of the original as at the date certified , and it does not certify that the original document is genuine, only that it is a true copy of the original
- If there is original copy in the tehsildar office or after checking the original approved the copy of the same , then the certified copy of that document will be admissible before the court , and further the office of registrar can be summoned before the court for certify the said document.
