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Certified Copy of Court Order
About Certified Copy of Court Order
A certified copy of court order is a legal document that means a true copy of an order or judgment passed by a judge or panel of judges in a case. When a judge passed an order in a case, the original order remains with the case record. This original order is not given to any party to the said case. If a person wants to get a copy of the order passed by the judge, he must obtain a certified copy of the said order. This certified copy can be used whenever required as it has no expiry date but is of no use if the said order is canceled by another order. All certified copies furnished by the copy department of the court shall be certified as true copies by the officer appointed for the purpose and shall be signed and sealed by the said officer.
In real estate transactions, the importance of certified copies of court orders is immense. A court order on the title of the property is very important when a property dispute is settled through a court order. Suppose a party goes to court for a property dispute and the said property dispute is settled by the said court, and then the order of the court becomes essential to confirm the ownership of the said property, therefore the order of the said court is necessary to confirm the title of the property for future transactions.
In all these cases, if the certified copy of the court order is not available after the transaction of the property, then the present owner will have problems registering the name in the revenue records of the government. Therefore, as soon as a property-related case is settled, a certified copy of the order or judgment of the case should be collected.
RULES FOR APPLING CERTIFIED COPY
There are certain restrictions on obtaining a certified copy of a case from the court and these restrictions depend on whether the case is pending or disposed of. If a case is pending, the parties and lawyers involved in the case can apply for a certified copy of the case. A certified copy of a pending case shall not be given to anyone other than the parties and lawyers involved in the case. On the other hand, if a case is disposed of, any person can apply for a certified copy of the order or document relating to the case, and such application shall be deemed admissible. Once disposed of, a case record is considered a public record so anyone can get a certified copy of a case.
PROCEDURE TO OBTAIN CERTIFIED COPY
Any person is entitled to a certified copy of any proceeding or document filed in the custody of the court. To obtain a certified copy of any document from the court, the following procedures must be followed:
STEP 1: An application in the prescribed form must be made to the Copy Department of the Court to obtain a certified copy. In a specific form, the name of the applicant and description of documents for which a certified copy is required must be mentioned, if the case is pending, the applicant’s position in the case must be mentioned.
STEP 2: After receiving the application for a certified copy, the concerned department will inform the date of payment of the court fee for the copy.
STEP 3: After payment of the court fee, the case record will be transferred to the concerned officer for completion of a certified copy and the date of delivery of the certified copy will be intimated.
STEP 4: After completing the process, the applicant has to collect the certified copy from the concerned officer on the specified date of delivery.
PROBLEMS OF ONLINE CERTIFIED COPY
At present, you can get a certified copy of an order or judgment online. But its biggest problem is that it looks like normal printed paper. It can be used in a court case but not in any public office outside the court. At the time of registering the name of the owner in the revenue record, the certified copies obtained online are not acceptable, in this case, the certified copy should be obtained from the court office, which is bearing the seal of the court and the signature of the concerned officer.
BENEFITS OF CERTIFIED COPY
In real estate, the importance of a certified copy of a court order in any property-related case is immense. The benefits of a certified copy of the court order are as follows:
• To ensure a clear and marketable title of the property.
• To resolve the future dispute relating to the said property.
• For mutation of the property in the name of the present owner.
• To ensure the buyer at the time of the sale of the property.
• To present as a piece of evidence in a future property dispute.
INFORMATION REQUIRED FOR CERTIFIED COPY
The following information is required to obtain a certified copy of a court document ---
• Name of the court where the case was heard;
• Case type and number;
• Name of the parties;
• Status of the case, whether it is pending or disposed of;
• Date of the passing of order or judgment;
• Description of the documents for which a certified copy is required;
• Whether it will be issued on a regular or urgent basis;
ESSENTIAL KEY ELEMENTS
The essential key elements of the certified copy of the court order are as follows:
• A certified copy can be Xeroxed or typed;
• It will bear the original seal of the court and the signature of the officer concerned.
• The certified copy shall be written as “certified to be a true copy” and shall bear the designation, seal, and signature of the officer concerned.
• The officer who checks the certified copy with the original document shall have the signature of the officer concerned as checked by.
• The original court fee shall be attached with this certified copy.
