Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
In cases where the original document is lost, courts may permit secondary evidence such as photocopies, provided the loss is proven and the document's contents are not disputed as fabricated ["Diwakar S/o Rajanna Bomkanthiwar VS Sau. Seema W/o Madan Regundwar - Bombay"] ["Smt. Meena Devi vs Mr. K. Avinash Kumar Singh - Telangana"].
Analysis and conclusion:
References:- ["Bharti Sharma W/o Late Shri Surrender Kumar VS Naresh Kumar S/o Shri Tirath Ram - 2022 0 Supreme(HP) 610"]- ["Vangapalli Seetha Ramulu vs Anumandla Malla Reddy (Died) - Telangana"]- ["Diwakar S/o Rajanna Bomkanthiwar VS Sau. Seema W/o Madan Regundwar - Bombay"]- ["Smt. Meena Devi vs Mr. K. Avinash Kumar Singh - Telangana"]
Imagine this: Your lawyer misplaces the original will deed critical to your inheritance case, and now you're heading to appeal. Can you rely on a mere photocopy? This is a common yet complex question in Indian law: Counsel lost the original will deed; can photocopy of will deed be filed in appeal?
In this post, we explore the legal framework, key statutes, and court precedents governing the admissibility of secondary evidence like photocopies when originals are lost. While courts may allow it under strict conditions, success hinges on proof and compliance with specific rules. Note: This is general information, not legal advice—consult a qualified lawyer for your case.
Wills are unique legal instruments revoked by destruction, making courts cautious about copies. When counsel loses the original, parties seek to introduce photocopies as secondary evidence in appeals or probate proceedings.
Under the Indian Evidence Act, 1872, primary evidence (originals) is preferred, but secondary evidence is permissible in exceptions like loss. However, for wills, the Indian Succession Act, 1925 adds layers of scrutiny. Mere assertion of loss isn't enough; you must prove it convincingly. Rajeev Gupta VS Prashant Garg - 2025 0 Supreme(SC) 697
Section 65 allows secondary evidence when the original is lost or destroyed, or can't be produced without the party's default. Photocopies qualify, but only after foundational facts are established.
Key holding: Secondary evidence can be given when the original has been destroyed or lost, or when the party offering evidence cannot produce it for reasons not arising from their own default or neglect. Marwari Kumhar VS Bhagwanpuri Guru Ganeshpuri - 2000 5 Supreme 486
Courts demand cogent and convincing evidence of loss, not just claims. For instance, Mere assertion made in the application with regard to loss/misplacement of the document cannot be sufficient rather in that regard, some cogent and convincing evidence is required to be led on record. Bharti Sharma W/o Late Shri Surrender Kumar VS Naresh Kumar S/o Shri Tirath Ram - 2022 0 Supreme(HP) 610
In appeals, procedural defects (like missing originals) may be cured if not deliberate, but substantive proof of loss is mandatory. Uday Shankar Triyar VS Ram Kalewar Prasad Singh - 2005 7 Supreme 754
Wills aren't ordinary documents. Section 237 permits probate of a copy or draft of a lost will only if:1. Lost or mislaid since the testator's death, or destroyed by wrong/accident (not intentional act).2. A copy/draft is preserved.
Courts hesitate: Courts are deliberately hesitant to grant probate of a photocopy of the Will inasmuch as Will as a document can be revoked by destroying the same in any manner and absence of the original can strongly mean that the Will was revoked. Ashwani Kumar Aggarwal VS B. K. Mittal - Current Civil Cases (2014)Surbhi Sharma vs State of NCT of Delhi - 2025 0 Supreme(Del) 411
If counsel's negligence caused loss post-death, it might qualify as non-intentional, but proof that the testator didn't revoke it is crucial. Probate of a photocopy of a Will can only be granted if credible evidence shows the original was not intentionally destroyed or misplaced. Ashwani Kumar Aggarwal VS B. K Mittal - 2014 0 Supreme(Del) 1633
From additional cases, reliance on photocopies alone fails without proving existence/loss: The propounder must prove the existence and loss of the original Will to obtain Letters of Administration; reliance on a photocopy alone is insufficient. 02100154783
In another, a registered will's photocopy was accepted after FIR and explanation of loss, as circumstances were satisfactorily explained. Sudama Ji VS Chhotey Lal - 2019 Supreme(All) 1094
Other precedents warn against photocopies in fraud-tainted deeds, emphasizing originals. Sonamati Devi v. Mahendra Vishwakarma - 2021 Supreme(Online)(SC) 512Smt. Meena Devi vs Mr. K. Abhishek Kumar Singh - 2025 Supreme(Online)(Tel) 59766
Appeals allow secondary evidence if trial court framed issues for loss proof. Courts can't aid without content knowledge or seen copies. A. Wilson Prince VS Nazar - 2023 4 Supreme 43A. Wilson Prince VS Nazar - 2023 0 Supreme(SC) 1787
If registered, certified copies from authorities help, but for unregistered wills, stricter proof applies. Ramisetty Ravindranath VS General Manager, (A. P. ) Food Corporation of India - Consumer (2017)
To strengthen your case:1. Document Loss Immediately: File FIR, affidavits from counsel/witnesses, publish notices.2. Gather Corroboration: Witness statements on will's existence, testator's intent.3. Authenticate Copy: Attesting witnesses, scribe testimony.4. Address Section 237: Prove non-revocation via custody chain post-death.5. Seek Court Directions: Frame issues for evidence on loss. Bharti Sharma W/o Late Shri Surrender Kumar VS Naresh Kumar S/o Shri Tirath Ram - 2022 0 Supreme(HP) 610
Losing an original will is stressful, but with solid evidence, appeals can proceed. Always act swiftly and consult experts. For tailored advice, reach out to a probate specialist.
References include key cases like Rajeev Gupta VS Prashant Garg - 2025 0 Supreme(SC) 697, Bharti Sharma W/o Late Shri Surrender Kumar VS Naresh Kumar S/o Shri Tirath Ram - 2022 0 Supreme(HP) 610, Ashwani Kumar Aggarwal VS B. K. Mittal - Current Civil Cases (2014), and others noted inline.
#LostWill #SecondaryEvidence #ProbateLaw
A certified copy of a registered sale deed may be produced as secondary evidence in the absence of the original. But in the present case Ex. 3 is not a certified copy. It is just an ordinary copy. There is also no evidence regarding contents of the original sale deed. ... Pleadings adduced on record, especially, reply to the application filed by the plaintiffs under S. 65 of the Indian Evidence Act, reveals that the plaintiffs specifically denied the averment made in the application filed#HL_E....
The photocopy of the document, original of which is lost, cannot be admitted in evidence and that such a document can neither be impounded nor accepted in secondary evidence. I n these circumstances this Court is not inclined to allow this petition.” ... The photocopy of the document, original of which is lost, cannot be admitted in evidence and that such a document can neither be impounded nor accepted in secondary evidence. I n these circumstances this Court is not inclined to allow ....
It is seen that an application was made to produce a photocopy of the Will Deed as secondary evidence. It was contended in the said application that the original Will was lost. It is further seen that, after the loss of the original Will Deed, the report was lodged with the police. ... The evidence and material on record are sufficient to establish that the original Will Deed was lost and, therefore, the Trial Court was right in gra....
Additionally, the plaintiffs highlighted contradictory statements in the defendants’ affidavit, wherein Defendant No.2 claimed to have lost the original documents, including the unregistered Will Deed dated 23.08.2020 and the legal notice dated 13.12.2021, while carrying them to Bodhan to hand over to ... It was argued that the trial Court failed to appreciate that no foundational pleading regarding the loss or destruction of the original Will Deed was made in the written statement, despite it having be....
the office copy of the affidavit dated 23.04.2014 issued by Mr.Ashok Menon; Ex.P20 is the photocopy of the petition; Ex.P21 is the photocopy of the letter dated 13.05.2013; Ex.P22 is the photocopy of the Sale Deed dated 21.06.2008; Ex.P23 is the photocopy of the said Partition Deed dated 09.05.2008; ... Ex.P24 is the photocopy of the said Release Deed dated 28.05.2008 and Ex.P25 is the copy of the letter dated 11.09.1995. ... Per contra, Mrs.Chitra S....
When the evidence in this regard are observed, it is quite clear that the plaintiff has given evidence that the original Bazidawa is lost and so they have submitted a photocopy. ... The learned counsel for defendants asserts that the original documents have not been written by the defendant and rather a photocopy has been declared as forged by defendant. Therefore this document is invalid and has no importance. ... Now as far as the question of admitting and corroborating the same is, ....
When the evidence in this regard are observed, it is quite clear that the plaintiff has given evidence that the original Bazidawa is lost and so they have submitted a photocopy. ... The learned counsel for defendants asserts that the original documents have not been written by the defendant and rather a photocopy has been declared as forged by defendant. Therefore this document is invalid and has no importance. ... Now as far as the question of admitting and corroborating the same is, ....
Heard Mr.Aadesh Varma, learned counsel for the revision petitioners and Mr.S.Srinivasa Chary, learned counsel for respondent Nos.1 and 2. Perused the record. 3. ... The affidavit also claims that the documents were lost, and owing to such loss of the originals, the deponent seeks permission to receive Xerox copies of the unregistered Will Deed dated 23.08.2020 and the legal notice dated 13.12.2021 as secondary evidence. 6. ... The Court further observed that the acknowledgments issued by the Station House Officer, Jukka....
Prakashan Malaviya1, wherein, it is held that photocopy of the agreement original of which is lost cannot be admitted in evidence. ... The revision petitioner filed counter-affidavit alleging that the original sale deed receipt dated 11.07.1975 is a fraudulent document, not an original document, created through a photocopy germinated from the registered sale deed of the revision petitioner's mother-in-law vide Document No. 2638 of 1....
Prakashan Malaviya1, wherein, it is held that photocopy of the agreement original of which is lost cannot be admitted in evidence. ... The revision petitioner filed counter-affidavit alleging that the original sale deed receipt dated 11.07.1975 is a fraudulent document, not an original document, created through a photocopy germinated from the registered sale deed of the revision petitioner's mother-in-law vide Document No. 2638 of 1....
The trial court found it to be a registered document of more than 30 years old. The original will-deed was not produced by the plaintiff-appellant, since it was lost and an F.I.R. was lodged. The circumstances, for not producing original will was satisfactorily explained. The will was found to be registered bearing the endorsement of the Sub Registrar regarding its due execution by the executant Beni Madhav.
The said application was dismissed by the court below on 04.08.2018 after inviting the objections. It was stated in the application that due to negligence of earlier counsel, who was also the scriber of the original Will deed, the original Will could not be placed on record and in absence of the original Will deed neither the original Will deed carrying the signatures of the witness could be shown to him nor he could be confronted with his signatures over the said Will deed. It is apt to reproduce concluding para of the order dated 04.08.2018 as under:
A probate is granted of a photocopy/copy of the Will in limited cases only and on specific requirements as stated in Sections 237 to 240 of the Indian Succession Act, 1925 being found to exist. Courts are naturally hesitant in giving probate of a photocopy/copy of a Will because it is very much possible that the original Will in fact stands revoked including by destroying of the same. In the present case, besides the fact that no original Will is on record of the trial court, I also do not find that any evidence has been led by the petitioner as to why the original Will could not be filed or....
The burden of proving all the issues was upon the plaintiff. Plaintiff has not given any cogent and convincing evidence as to what steps he took to get the sale-deed registered. Moreover, when the original sale-deed was lost, how could the plaintiff get the photocopy of the sale- deed, has not been explained. Agreement to sale was unregistered and therefore was not admissible in evidence.
Agreement to sale was unregistered and therefore was not admissible in evidence. The burden of proving all the issues was upon the plaintiff. Moreover, when the original sale-deed was lost, how could the plaintiff get the photocopy of the sale- deed, has not been explained. plaintiff has not given any cogent and convincing evidence as to what steps he took to get the sale-deed registered.
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