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ars (cs)     06 March 2025

Counterpart or secondary copy

once the agreement is made both the parties would like to have valid original copy with them.

is it legally valid to have a counter part as a xerox copy of the original, executed on valid stamp paper?

OR we have to execute two originals on two stamp papers?

kindly advise.



 5 Replies

T. Kalaiselvan, Advocate (Advocate)     06 March 2025

It is advisable to prepare two original deed for retention by both in the given situation.

A clear mention can be made as a recital in the deed that the same is prepared in two original deeds and each one having their copy in original.

kavksatyanarayana (subregistrar/supdt.(retired))     06 March 2025

The original deed with the duplicate of the original (it shall be the same as the original on all pages including signatures of the parties and witnesses) and the stamp duty for the duplicate is Rs.5/- only and it also shall be produced before the Sub Registrar along with the original for registration.  The duplicate also be registered.  Consult the document writer/lawyer who drafts the documents to prepare the original and duplicate.

1 Like

Dr. J C Vashista (Advocate )     07 March 2025

Since both the parties have agreed on mutually agreed terms, stated to have been registered, beneficiary of the agreement may have original and other (concurring) party may have photocopy, which may or may not be notarized / attested.  

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     07 March 2025

I'll provide guidance on the validity of counterpart agreements.

Counterpart Agreements: 1. *Definition*: A counterpart agreement refers to a duplicate copy of the original agreement, often executed simultaneously. 

2. *Legality*: Counterpart agreements are legally valid, provided they meet specific requirements. 

Requirements for Valid Counterpart Agreements: 1. *Identical Terms*: The counterpart agreement must contain identical terms and conditions as the original agreement.

 2. *Execution*: Both parties must execute the counterpart agreement, either by signing or affixing their digital signatures.

3. *Stamp Duty*: The counterpart agreement should be executed on valid stamp paper, with the same stamp duty value as the original agreement. 

Xerox Copy as Counterpart: 1. *Not Recommended*: While a xerox copy of the original agreement can serve as a counterpart, it's not recommended. This approach may lead to disputes or authenticity issues. 

2. *Original Signatures*: To ensure authenticity, it's best to have original signatures on both counterpart agreements. Best Practice: 

1. *Two Originals*: Execute two original agreements on two separate stamp papers, each containing original signatures.

 2. *Identical Content*: Ensure both agreements have identical content, including terms, conditions, and annexures.

By following these guidelines, you can create a legally valid counterpart agreement that protects the interests of both parties.

P. Venu (Advocate)     07 March 2025

It is unnecessary to execute two originals. One person can keep the original and the other, a true or attested copy. And this aspect in included in the recitals in the agreement.


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