LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Lohith YC   10 April 2024

Original public documents are lost

If original public documents ( like sale deed ) are lost by Defendant/Plaintiff which is created before year 2000 and if originals are mandatory in the court to resolve conflicts/dispute like signature difference

1. Can we request court to order concern authorities ( like Registration / Record officiers ) to submit the original records ( from which certified copies are created) to the court ?

2. If not, with no original documents - secondary evidence are eligible to resolve signature difference ?



 6 Replies

T. Kalaiselvan, Advocate (Advocate)     10 April 2024

1. You can obtain certified copies of the registered deeds by yourself and produce them before court expressing the reasons that they have been lost hence you obtained the certified copies.

2. The certified copies itself is considered as secondary evidence and not primary evidence

Lohith YC   10 April 2024

Respected Sir,

Thanks for your reply.

For signature comparision certified copies/ xerox copies are not eligible.

In order to prove the signature dispute, originals are very much required. In this situation, can court order public documents authority to submit what they have from which certified copies(sale deed) are produced to submit for signature comparision?

T. Kalaiselvan, Advocate (Advocate)     10 April 2024

The original recordsd held by te registrar cannot be taken outside, it will remain with them.

The signature can be compared with the photocopies also.

You cannot make your own law.

There is no provision i law to accede to your request.

The court will accept the certified copies also 

1 Like

Advocate Bhartesh goyal (advocate)     10 April 2024

Certified copies of registered deeds are admissible in evidence and when the documents are admissible in evidence and marked exhibits then signatures and photos on documents can be compared with them , court can't  deny for comparison .

kavksatyanarayana (subregistrar/supdt.(retired))     10 April 2024

If the court orders the Sub Registrar concerned to produce the original volume, the SR Under Board Standing Orders (BSO) shall produce a register before the court, and a letter shall be sent to the court inviting its attention to rule 76(4) of the Civil Rules of Practice and requesting the speedy return of the book/volume.  Nowadays you can request the SR to issue a photo copy of the document if the court permits.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     11 April 2024

U can check the website related to The National Land Record Modernization Programme (NLRMP) was a centrally sponsored scheme that was launched by the Government of India in 2008 with the aim to modernize the land records system in the country and implement the conclusive land-titling system with title guarantee. The NLRMP was later revamped and renamed as the Digital India Land Records Modernization Programme (DILRMP) in 2016 as a central sector scheme with 100% funding by the Centre.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register