Having possession of only Copy of Document not original
Querist :
Anonymous
(Querist) 21 June 2010
This query is : Resolved
Hi,
Our Father has got a property through Family partition deed on 1978 and in that deed my Father's elder brother and younger sister also part of it, my Father's elder brother also got a property like our Father.
But my Father's younger sister, has not received any property in that deed, instead it was mentioned as, my father and my father's elder brother has to pay Rs 5000 each to my their younger sister and until they pay that amount their respective properties will be under mortgage and once they paid the above said amount, their younger sister has to give release deed for their respective properties.
As per the above deed, everything was happened, and the release deed for our Father's property and his elder brother's property was in possession of my Father's elder brother.
Due to family disputes, my father's elder brother is not willing to hand over the Release deed which is pertaining to our Father's property, saying that it was lost, but we know he has it.
So as of now, we are only in possession of Copy of Document (got from registrar office) not the original Release Deed document,
1) will this create any complication?
2) Is possession of Copy of Document is equivalent to possession of Original document?
We just want to know whether it is absolutely necessary to fought and get the origninal release deed document from my father's elder brother or it is OK to have Copy of Document itself.. Please clarify.. Thanks
B K Raghavendra Rao
(Expert) 21 June 2010
Usually the original documents are executed in duplicate or triplicate depending upon the executants of the deed. If the deeds had been executed in duplicate, your father and his brother each could have the possession of the documents.
Now, since only one copy of document has been executed, it could be either with your father or with your uncle. Both cannot have it.
It would be justified if your uncle has it and denies to part with it. But he is obliged to show the same as and when required to any concerned person.
Now, a certified copy of the documents obtained from the registrar's office is good enough to be original. You have reason to convince those who want to know whereabouts of the original copy.
You obtain certified copy of both the partition deed and release deed. It would be as good as original.
