How To Get A Certified Copy Of Sale Deed​?

When it comes to verifying property ownership or completing legal and financial transactions, obtaining a Certified Copy of Sale Deed is often essential. This document serves as a legally verified replica of the original sale deed, ensuring that it is admissible as primary evidence in various legal contexts. Whether you're securing a bank loan, handling property disputes, or simply updating municipal records, knowing how to get a certified copy of sale deed is crucial. In this comprehensive guide, we will walk you through the process, eligibility criteria, required documents, and the steps to obtain this essential document either offline or online.

What Is A Certified Copy Of Sale Deed?

A Certified Copy of a Sale Deed is an authentic and exact copy of the original Sale Deed document, stamped and signed by the appropriate authority, usually the Sub-Registrar of Assurances, where the original document was registered under the provisions of the Indian Registration Act of 1908. The stamp and signature of the authorized officer validate that the copy is a true and correct copy of the original document in the official file.

A Certified Copy, though not the original document, is entitled to legal presumption and admissible as primary evidence in a variety of legal and administrative contexts, as stipulated in the Indian Evidence Act, 1872, particularly section 63 (as Secondary Evidence) and section 76 (Certified Copies of Public Documents).

Section 76 requires a public officer who is in possession of a public document to provide a copy of that document (or a relevant part of it) to any individual entitled to inspection of the public document, upon request and after payment of the statutory fee. The copy will bear, at the bottom, a certificate from the public officer stating the copy is a true copy of the original or relevant part. The certificate will be dated and signed by the public officer by their name and title. If the public officer is legally entitled to use a seal, the copy will be sealed, as applicable. The copies referred to in this section shall be described under law as certified copies of the Originals.

Common Reasons For Obtaining A Certified Copy Of A Sale Deed

The following are the reasons for obtaining a certified copy of a sale deed:

• Bank Loan/Mortgage: Banks and other financial institutions require a certified copy of the sale deed when applying for a loan on the property or when mortgaging the property to ensure that proper legal verification is conducted and to establish that the borrower has a clear title on the property.
• Legal Verification/Due Diligence: In any future property transactions, such as selling or mortgaging the property again, the buyer or lender will complete legal verification on the property. The Certified Copy of the Sale Deed will assist in the legal verification process.
• Lost or Misplaced Original: In the case that an original Sale Deed has been lost, stolen, damaged, or misplaced, a Certified Copy is the official record and a key document to establish ownership, as well as to obtain a Duplicate Sale Deed.
• Taxation Purposes: Tax authorities, for a range of different tax matters, such as assessing capital gains tax after the sale of the property or property tax assessments, may require a Certified Copy of the Sale Deed.
• Property Mutation: When the local municipal or revenue record (mutation) must be amended to reflect the new ownership of the property, a Certified Copy of the Sale Deed is one of the required documents.
• Partition or Inheritance Matters: It is also necessary if the property is going to be divided among family members or inherited. In those cases, the Certified Copy is helpful to establish the ownership of the deceased and provide a basis for the division of the property.
• Dispute Resolution: If a dispute arises relating to a property, you will need a Certified Copy to use as evidence in court or at an arbitration/mediation.
• Insurance Claims: If you need to deal with insurance claims for the property (for example, claims after a natural disaster), your insurance company may ask for a Certified Copy of the Sale Deed.
• Applying for Utilities: In some instances, utility vendors (electricity, water, gas) may request a Certified Copy of the Sale Deed to prove ownership.

Legal Conditions For Getting Certified Copy Of Sale Deed

It is the legal right of any property owner to obtain a certified copy of a conveyance deed.

Eligibility Criteria

• Owner of the Property: The primary eligible person and the current property owner is eligible to get the Sale Deed.
• Legal Heirs: If the owner is deceased, their legal heirs (e.g., spouse, children, parents, etc.) are allowed to apply as long as they provide proof of their legal heirship (e.g., death certificate or succession certificate).
• Authorized Representatives: An individual with a valid power of attorney (PoA) for the property owner is also allowed to apply on behalf of the owner. The PoA must be notarized.  
• Other Interested Parties (with valid reason and court order): There may be instances in which other interested parties may have the ability to obtain a certified copy, but generally, they would need a court order detailing a legitimate need and interest in the document in order to do so.

Who Can Apply For A Certified Copy?

According to the eligibility requirements, the following individual(s) can request a Certified Copy of Sale Deed:

• Buyer(s) named in the original Sale Deed.
• Surviving spouse of the deceased owner.
• Children (sons and daughters) of the deceased owner.
• Parents of the deceased owner (if permitted under succession laws).
• Authorized individual(s) with a valid registered Power of Attorney from the owner.
• Any person or entity as determined by a court order.

Step-By-Step Procedure To Get Certified Copy Of Sale Deed

One can opt for both offline and online modes to get a certified copy of a sale deed.

Offline Method (via Sub-Registrar Office)

• Identify the Correct Sub-Registrar Office: You will have to locate the Sub-Registrar Office where the original Sale Deed was registered, usually mentioned on the original Sale Deed.
• Prepare the Application: Draft an application to the Sub-Registrar stating the reason why a Certified Copy of the Sale Deed is required. The application should include the address of the property, the registration number of the Sale Deed, the registration date of the Sale Deed, if it is known, and the names of the buyer and seller.
• Carry Documents: Collect all the necessary documents for the process.
• Submit the Application and Documents: Visit the Sub-Registrar Office and submit the application with the attached documents and the required fee at the entry point to the Sub-Registrar, and the acknowledgement receipt.
• Verification and Processing: The officials of the Sub-Registrar Office will first verify the application and attached documents against their records.
• Submission: Once the verification and preparation of the Certified Copy are complete, you will be notified (usually to the designated contact telephone number in the application). Visit the designated Sub-Registrar Office on the specified date and time, present identification and the confirmation of your application, and pick up your Certified Copy.

Online Method (Visit The Official Land Records Portal)

Several Indian states have digitized their land records. There are now online portals for accessing and obtaining copies of registered documents, including Sale Deeds.

• Visit the State Land Records Portal: Access the state land records portal for the state that has the property in question. The name of the portal will generally be something like "e-Dhara," "Bhoomi," "e-Panjiyan," etc., followed by the name of the state.
• Authenticate/Register: For first-time users, you may be required to register with your mobile number & Aadhaar ID. For existing users, you will need to log in.
• Search Property: Search for the option that says "View Registered Documents," "Search Sale Deed," or similar. Often, you will be required to provide information such as Property Registration Number, Year of Registration, District, Sub-Registrar office, and in some cases, the name of the buyer(s) or seller(s).
• View and Verify Details: When you find the pertinent record, you will typically be able to view a scanned version of the Sale Deed. Ensure you validate that pertinent details are correct, and this is indeed the Sale Deed you are looking for.
• Apply for a Certified copy: There will likely be an option to apply for a Certified Copy Online. Follow the process and fill out the required information.
• Upload documentation: Upload scanned copies, as required by the website, of the documents needed.
• Make Payment Online: The Certified Copy fee indicated by the portal will need to be paid through the online payment and related services gateway on the portal.   
• Track Your Application Status: Usually, you will receive an application reference number through which you may track the status of your request online.
• Download or Collect Certified Copy: After the Certified Copy has been approved and generated, you may have the option to download a digitally signed copy from the portal, and in other cases, you may make arrangements to go to the Sub-Registrar Office to collect the physically certified copy after you receive notification.

List Of Documents Required To Obtain A Certified Copy

Documentation requirements may differ slightly depending on the state of application for a property registration in India, but generally include:

• Application Form (either available online or at the Sub-Registrar Office).
• Copy of the original Sale Deed, if available;
• Identity proof of the applicant (Aadhaar Card/Voter ID/PAN Card/Passport/Driving License);
• Address proof of the applicant (Aadhaar Card/Voter ID/Ration Card/Electricity Bill/Water Bill);
• In the case of the death of the original owner, the Death Certificate;
• In the case of an application made as a legal heir- a Succession Certificate or a Legal Heir Certificate;
• A Registered Power of Attorney, in case the application is made by an authorized representative,
• Any relevant Court award, if any;
• Receipt for payment of prescribed fees (if paid offline).

Cost Required And Timelines

The fees for requesting a Certified Copy of Sale Deed are relatively cheap and slightly different from state to state. It's usually from a few hundred to a thousand rupees, dependent on the number of pages and the guidelines of the registration department in that state. The timelines for receiving the Certified Copy vary as well.

An offline application could take anywhere from a few days to a few weeks, depending on the work volume and on how fast the Sub-Registrar Office responds or processes applications. Online applications (especially those asking for a digitally signed copy) could be faster, potentially just a few working days. Even then, the actual collection of a physical copy could still take some time.

State-Wise Online Portal For Obtaining Certified Copy Of Sale Deed

How To Download Sale Deed Copy Online?

• Locate the Registered Document: Search your Sale Deed through relevant parameters like registration number, year, etc.
• View the Document: After a successful search, you should be able to view a watermarked or preview version.
• Apply for Download/Digitally Signed Copy: Find the option to "Download Certified Copy" or "Get Digitally Signed Copy.
• Pay the Fee: Pay the corresponding fee online.
• Download the Certificate: After successful payment and processing, a digitally signed PDF copy of the Certified Sale Deed will be available for download from your account on the portal or emailed to your registered ID.

What If The Sale Deed Is Lost Or Misplaced?

The loss of the original Sale Deed can be distressing indeed, but this does not imply the loss of ownership of your property. Nonetheless, it is important to take the following steps to safeguard your records and obtain a Duplicate Sale Deed:

File A Police Complaint (FIR)

Go to the police station nearest to where the original Sale Deed has been lost or probably stolen, and file an FIR complaint with them and obtain a copy of that FIR. This FIR is an important document in any subsequent legal proceeding.

Publish A Public Notice

Get the notice published in two different but widely read newspapers (say, one in English and one in an indigenous language) informing the public about the loss of the Sale Deed. This acts like a public announcement, denoting that whoever finds the document may return it. Keep copies of those newspaper clippings.

Obtain A Non-Traceable Certificate From The Police

After a period as advised by the police, get a Non-Traceable Certificate from the police stating that the original document was not found.

Prepare An Affidavit

Prepare an Affidavit giving particulars about the property, loss of the original Sale Deed, and steps taken (police complaint, advertisement in newspaper). This affidavit needs to be sworn before a Notary Public.

Apply For A Duplicate Sale Deed

Approach the Sub-Registrar Office where the original Sale Deed was registered with the FIR copy, newspaper clippings, non-traceable Certificate, affidavit, identification proof, address proof, and any relevant documentation. Submit your application for a Duplicate Sale Deed and the requisite fees.

Verification And Issuance

The Sub-Registrar will check your application and the documentation against their records and may carry out their inquiries. If satisfied, they shall issue a Duplicate Certified Copy of the Sale Deed, with the inscription "Duplicate."

Conclusion

In conclusion, obtaining a Certified Copy of Sale Deed is an important step in various property-related transactions and legal procedures. Whether you're dealing with lost documents, applying for loans, or resolving property disputes, this certified copy holds significant legal value. By following the detailed steps outlined in this guide, including how to apply online or offline, you can easily secure this vital document. If you're unsure about the process or encounter any hurdles, don't hesitate to consult with a legal expert to ensure a smooth transaction.

FAQs

A few FAQs on how to get a certified copy of the sale deed are:

Q1. Is a certified copy of the sale deed the same as the original?

A certified copy is a true and accurate reproduction of the original Sale Deed, endorsed officially and holding legal validity, but not the original document itself.

Q2. What happens if I lost my original sale deed?

You will need to immediately record the FIR with the police, publish a public notice, get a Non-Traceable Certificate from the police, prepare an affidavit, and then apply for a Duplicate Certified Copy from the Sub-Registrar Office.

Q3. What is the difference between original copy and certified copy?

The original Sale Deed is the prime document that is executed during the transfer of property, whereas a certified copy is an officially attested photocopy of that original document.

Q4. Can I get a copy of a sale deed online?

Yes, many states in India have digitized land records and even provide online portals for viewing and applying for a digitally signed or physically certified copy.

Q5. How long does it take to get the certified copy?

The timeline varies by state and the method of application (offline or online), ranging from a few days to a few weeks. Online applications for digitally signed copies are often faster.