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Is duplicate deed received at time of partition be treated as title deed?

(Querist) 09 August 2014 This query is : Resolved 
Hi Respected Members,

Can experts please shed light on weather duplicate/copy deed which is made on 100 rs stamp duty and registered along with main partition deed can be treated as title deed?
Is there any law or act supporting this?

Will banks accept this copy deed as a title deed for creating equitable mortgage?

Also, if copy deed is not a title deed then what options can opted so each party in partition deed gets a title deed paper.
Devajyoti Barman (Expert) 09 August 2014
photocopy is not regarded as original title deed and no clear title is established on it.
ajay sethi (Expert) 09 August 2014
no it would not be the title deed for property. bank wont grant any loan on basis of xerox copy of document
Raj Kumar Makkad (Expert) 11 August 2014
No is the sole answer to your query. Banker shall accept only the original title deed for the purpose of equitable mortgage.
Shobit Goel (Querist) 13 August 2014
Thank you for answers. Then what should we do if a party want to get mortgage separately after partition and will be getting registered copy deed? Original partition deed will be with with first party.
T. Kalaiselvan, Advocate (Expert) 13 August 2014
The certified copy of the registered partition deed under such circumstance will be a valid title document.
Raj Kumar Makkad (Expert) 15 August 2014
Original registered partition deed shall be required for the purpose of the equitable mortgage.


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