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Impotance of recital portion of sale deed.

(Querist) 19 October 2009 This query is : Resolved 
Respected experts,
What is the legal importance of recital portion of a sale deed. My original sale deed is in bad condition. If I get certified copy of it, can I use it for legal purposes and can I produce it in the court? Do I have to give explanation about the original sale deed? Thanks
Raj Kumar Makkad (Expert) 19 October 2009
The certified copy can also be used in all purposes. There is no hurdle in such matters. Recital part of the sale-deed is equally important. Certified copy is used when original is either lost/destroyed/destructed etc. and your case is covered fully.
Manish Singh (Expert) 20 October 2009
certified copy shall be perfectly valid. recital portion consists of the parties and the intention of the contract. its like preamble of the contract.
adv. rajeev ( rajoo ) (Expert) 20 October 2009
It can be used in the court also.
A.P.Manoranjan (Expert) 20 October 2009
Recital portion of Sale Deed or in fact for any Agreement is the Very important for the sale/agreement.It portrays the details of the parties to the agreement and their intention to enter in to such agreement.Thereafter clauses like Condition precident,indemnity,dispute determination,tagalongrights,warranty,exit clause etc are the rest of the saledeed/agreements.
Y V Vishweshwar Rao (Expert) 20 October 2009
CC can be sued as Evidnece in the Court on the Ground that Original is damged .

The Rcital as expalined by lrd friend is correct .
Parties names , Particulars Proeperty sold, Agreement to transfer ,and Transfer udner the Sale Deed , Sale Consideration, acknowledgment of Sale Cosnideration ,Delivery of possession , declarations of Vendor , conditions if any , Indemnity clauses , and undertakings of Vendors, are General Recital of the Sale deed .
CC can be used as evidence alogn with damaged original Sale Deed.
joyce (Expert) 20 October 2009
agree with all experts opion.
Sachin Bhatia (Expert) 20 October 2009
In recital portion of registered sale deed it is written that the land belongs to (vendor), has clear/flawless title and is free from all encumbrances, Vendor and his heirs will have no claim over the land. Even if it is found defective and vendee and their heirs get ejected from any part of the land, Vendor and his heirs are liable to pay the compensation.

Yes certified copy of sale deed, can be use for legal purposes and can be produce in the court. Yes you have to give explanation about the original sale deed.

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