lease agreement

 Xerox can be relied upon provided it is duly attested by a Notary as a "attested true copy" in the case referred by you the original is with the owner which has to be produced for this purpose. Alternatively, the xerox can be acknowledged by the owner with his signature and remarks, original of this agreement is retained by me.

vasudevan

thank you very much , vasudevan ji

just the answer i had been looking for . 

Dear, this is the practice the owner used to keep the original agreement and the tenanat used to keep the xerox copy of the same , however you are in the possession of the shop. there is no prejudice shall be caused to you.

Subhash kumar, adv

Mr.Nikhil,

You can add a sentence in the original agreement that Original is retained by the owner and photo copy is given to the tenant.

In a court of law, in such circumstances, photo copy of lease deed is very much admissible and has the same effect as original, as you can give account for not having original.

It is not necessary that photo copy is to be certified by notary public.

WELL YOU CAN MAKE TWO ORIGINAL COPIES

You can make two originals and retain one with you

The photostat copy of an agreement is not legally defective or weak as long as it does not have overwritings, deletions or additions. In case any contents are disputed, then the production of original is a must to contradict/prove the alteration of contents. In case of overwritings, deletions, additions or alteration of contents take place (in any one copy) it shall be initialled by both the parties concerned to make them legally operative. Further as Mr.Ramesh has rightly said an agreement copy is accepted by the Court when the possession of original with whom is properly explained to the Court.

why u worried without any dispute from the owner.there is aprocedure for a direction to handover /submitted ,present the tenant have capacity to collect evidance to prove his possession ,as per your query no doubt the tenant is a protected unless the owner issue notice u/s 106 of t.p act not evicted the tenant from the premises at the time the tenant has every right to raise any objection including the original is with in the hands of him and the tnant intending to surrender the lease such  SITUATION HE HAS RIGHT to raise the same question u/s 109 of t.p act .so the original custody is not effected either parties rights.

It is always possible to get a notary to certify the copy after showing him the original. It will serve your purpose

Dear Nikhil,

In Relation to your query, my suggestion to your friend is that he should not worry about keeping the original or xerox with him as long the xerox is made from the original without any manipulation.

The reason for this is : as per sec 63 , clause 2 and 3 of the Indian Evidence Act, 1872, the copies made the original by mechanical processes which in themselves insure the accuracy of hte copy and copies comparied with such copies will be taken as secondary evidence and as per clause (1) of sec 65, it isadmissible as evidence in a case when the original is in possession of the person against whom the document is sought to be proved.

i hope you will be satisfied with this answer.