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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE MURALI PURUSHOTHAMAN, J
Nowfal Salam @ Mohammed Nowfal S/o Abdul Salam – Appellant
Versus
Principal Sub Registrar, Kollam – Respondent
JUDGMENT :
1. These writ petitions are filed challenging the refusal on the part of the respective Sub-Registrars, who have been impleaded as respondents, to enter the details of sale certificates issued to the petitioners by various banks and financial institutions in Book No.1, as required under Section 89(4) of the Registration Act, 1908.
2. The petitioners contend that when a certificate of sale of immovable property is issued by the Recovery Officer of the Debts Recovery Tribunal or by banks and financial institutions, it cannot be treated as a conveyance liable to stamp duty, nor is it an instrument which is compulsorily registrable. It is contended that, as per Section 89(4) of the Registration Act, 1908, the copy of the sale certificate is liable to be filed in Book No.1 maintained by the Sub-Registrar, within whose jurisdiction the property is situated. In terms of Section 17(2)(xii) read with Section 89(4) of the Registration Act, 1908, the Recovery Officer/authorized officer of the banks and financial institutions is only required to hand over the duly validated sale certificate to the auction purchaser, with a copy forwarded to the registering authority for filing in Book
Sale certificates issued by banks are not compulsorily registrable and filing them in Book No.1 does not attract stamp duty.
A sale certificate issued by a bank does not attract stamp duty at issuance under the Kerala Stamp Act but may do so if registered subsequently.
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 under SARFAESI Act are not compulsorily registrable and do not require stamp duty when filed under Section 89(4) of the Registration Act.
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 ....
No stamp duty is payable on copies of sale certificates submitted for registration under Section 89(4) of the Registration Act, as established by precedent.
Sale Certificates under the SARFAESI Act must be registered without stamp duty as their entry under Section 89(4) of the Registration Act suffices as validation.
A sale certificate issued after an auction sale must be filed in Book 1 by the Sub-Registrar without refusal, as it does not require registration under the Registration Act.
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