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Q.

Is Certified Copy of Sale Deed Same as Original?

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Recently, while discussing property, I asked my friend, a lawyer, is certified copy of sale deed same as original. She said that a certified copy of a sale deed is not the same as the original. However, it is a legitimate and legally verified copy of the original that was provided by the registering authorities.

Is the Original Sale Deed Same as a Certified Copy?

No. The original sale deed is the primary legally executed document that establishes property ownership and is registered at the Sub-Registrar’s Office. However, a certified copy is a photocopy attested by the Sub-Registrar or other authorized officials, complete with their stamp and signature, verifying that it faithfully reproduces the registered record held at the office.

  1. While a certified copy carries the same content as the original and is legally admissible in court as secondary evidence under the Indian Evidence Act and the Registration Act, it does not carry the same evidentiary weight in crucial transactional contexts.

  2. For many administrative and legal purposes, including mutation, property tax filings, or temporary use when the original is inaccessible, certified copies are perfectly serviceable.

  3. However, for actual property transactions, like sales or mortgages, buyers, banks, and the Sub-Registrar generally insist on the original documents. Without originals, transactions can stall, and banks may withhold loan disbursement.

The absence of the original sale deed weakens your legal position and can raise questions of authenticity or fraud. I hope you found this information useful.

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