In India, a certified copy of a document of title to immoveable property is generally acceptable as legal evidence when the original is lost or unavailable, provided it is issued by the concerned Sub-Registrar’s Office and follows the legal process under the Registration Act, 1908
Legal Basis for Acceptability
A certified copy of title documents—including sale deeds, gift deeds, partition deeds, or mortgage deeds—can be obtained from the Sub-Registrar’s Office under Section 57 of the Registration Act, 1908. This copy holds the same evidentiary value as the original and is legally recognized for most property transactions, court proceedings, and ownership verification. However, it may not always suffice for procedures such as bank loans or certain government applications, where the original may be preferred for higher authentication.
Procedure to Obtain Certified Copies
The process involves:
Filing an application at the Sub-Registrar’s Office where the property document is registered.
Providing details of the lost or inaccessible original document, including the registration number, property address, and the names of buyer and seller.
In cases of loss or theft, lodging an FIR at the local police station is advisable for further security and for establishing the legitimacy of the request.
Submission of the requisite fees; the certified copy is typically issued within 7–15 working days depending on the office workload.
Uses and Limitations
A certified copy of the document is:
Accepted for transfer of property, sale, and mortgage, as well as court proceedings.
Sufficient proof for mutation and registration of property in municipal records.
Not a substitute for the original in every context; certain banks, lenders, or government authorities might require an indemnity bond or public notice to corroborate its validity.
Judicial and Statutory View
Recent Supreme Court interpretations clarify that mere possession of a copy (agreement to sell, GPA, receipt, Will, affidavit) is generally not considered conclusive title unless backed by valid registration, proof of payment, and mutation/possession. The court stresses that original title deeds are preferred, but certified copies are legally permissible when originals are genuinely lost, destroyed, or held by another party.
Practical Recommendations
Always ensure property title documents are kept safe. Upon loss, promptly file a police report and apply for a certified copy at the earliest.
For buyers, before relying solely on a certified copy, verify ownership details through encumbrance certificates and municipal mutation records.
Legal advice is recommended for complex or high-value transactions involving certified copies.
A certified copy of the document of title is legally valid and accepted across property transactions, with some limitations, when obtained through proper channels from the Sub-Registrar’s Office in India.
Summary Table – Certified Copy of Title Documents in India
| Aspect | Details |
| Legal Basis | Section 57 of the Registration Act, 1908 – certified copies of registered documents (sale deed, gift deed, partition deed, mortgage deed) issued by the Sub-Registrar have evidentiary value. |
| Acceptability | Recognized in property transactions, court proceedings, and municipal records. May not always be sufficient for bank loans or certain government procedures. |
| Procedure to Obtain | 1. Apply at the Sub-Registrar’s Office where property is registered. 2. Provide registration details, property address, and parties’ names. 3. File FIR in case of loss/theft. 4. Pay requisite fee. 5. Certified copy issued within 7–15 working days. |
| Uses | – Proof for transfer, sale, and mortgage of property. – Admissible in courts. – Accepted for mutation and municipal record updates. |
| Limitations | – Not always a substitute for the original. – Banks/government may require indemnity bond or public notice. – Originals preferred for loans and high-value transactions. |
| Judicial View | Supreme Court holds that certified copies are valid when originals are lost, but documents like GPA, Will, affidavit, or agreement to sell alone do not constitute conclusive ownership without registration and proof. |
| Practical Recommendations | – Keep original documents safe. – File police report promptly if lost. – Buyers should verify through encumbrance certificates and municipal records. – Seek legal advice for complex transactions. |
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