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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MADHAV J.JAMDAR
Vasant Shenoy – Appellant
Versus
Sanjay Kumar – Respondent
| Table of Content |
|---|
| 1. reliefs sought in interim application. (Para 2 , 3 , 4 , 5) |
| 2. applicant's position on payment and possession. (Para 6 , 9 , 10) |
| 3. legislative background regarding registration and stamp duty. (Para 7 , 11 , 13) |
| 4. sales certificate does not require registration. (Para 12 , 14 , 15) |
| 5. modification of previous orders in light of legal principles. (Para 18 , 19 , 20) |
| 6. final order and acknowledgement of amicus curiae. (Para 21 , 22) |
JUDGMENT :
MADHAV J. JAMDAR, J.
1. Heard Mr. Animesh Gupta, learned Counsel for the Applicant and Mr. Rahul Narichania, learned Senior Counsel appointed as Amicus.
2. The reliefs sought in this Interim Application are as follows:
“a. To pass an Order/Direction towards Hon’ble Prothonotary and Senior Master, High Court, Bombay to issue a fresh certificate of sale in favour of the Applicant for the said property i.e. Flat no. 404, ILA Apartments, Section 4, RDP 7, Charkop, Kandivali West, Mumbai 400 067;
b. To pass an Order directing the Applicant to make payment of the Stamp Duty and Registration Charges with the concerned Sub-Registrar of Assurances and/or other concerned Government Authority for the said property i.e Flat no. 404, ILA Apartmen
Sale certificates from auction sales do not require registration under the Registration Act, confirming that title transfers upon sale confirmation.
The main legal principle established in the judgment is that a sale certificate issued by a Civil or Revenue Officer does not require compulsory registration and should be filed in Book No. 1 as per ....
Sale certificates issued by operation of law under SARFAESI do not fall under Section 47-A of the Indian Stamp Act for undervaluation, distinguishing them from conveyance instruments.
The sale certificate from a public auction does not require registration under the Registration Act, and the value for stamp duty is based on the purchase price stated, not an assessed market value.
Sale certificates issued under SARFAESI Act are not compulsorily registrable and do not require stamp duty when filed under Section 89(4) of the Registration Act.
Auction sale confirmed pre-CIRP becomes absolute under Income-tax Act Second Schedule Rule 63; title passes on confirmation, not sale certificate issuance; moratorium under IBC Section 14 does not af....
Stamp duty for Sale Certificates must be calculated based on the purchase price stated in the certificate, not the market value, with total permissible duties capped at specified rates.
Sale certificates issued under SARFAESI Act are not compulsorily registrable and do not require stamp duty when filed under Section 89(4) of the Registration Act.
Sale certificates issued by banks are not compulsorily registrable and filing them in Book No.1 does not attract stamp duty.
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