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Prasad (PARTNER)     08 February 2014

Original documents lost / sro copy

I am just trying to understand how law works in some practical situations like original sale/gift deed lost.

One of the conditions for transferring immovable property is the document needs to be registered. If the document is lost, after registration, we can obtain a copy from Sub-Reg Office (SRO). What SRO gives is a handwritten document. This is not a photo copy of original document (This applies to old documents, I am not sure if they  now are giving a photo copy of original document). 

They will write everything on a non-judical stamp paper and give you. They state, who were the executors, witnesses in the document etc... 

What is the level of validity and admissibility of this copy when approaching a civil court basing on this hand written copy given by SRO? The hand writing of original document, the signatures on original can't be proved and also are questionable. 

How these problems can be overcome? Would court admit the suit basing on copy given by SRO?



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     08 February 2014

Whomsoever  and howsoever  and whatsoever is given by S.R.O. with his official govt. rubber stamp and sign with green ink is allowable document in the court of law. It is called certified copy from the auhority. 

Prasad (PARTNER)     08 February 2014

Can you file a civil suit basing on this certified copy? Does the court admit the suit basing on this? Assuming that the court accepts this and proceeds with the suit, what happens if any of the parties claims that this is not a document signed by the him/her.

For example, if the seller disputes and would claim that he never executed such a document. And if he further claims that someone else may have executed or forged or faked his name? Since the certified copy does not have any signatures how would you see if the signature tallies at least for a naked eye?


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