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S. M. SUBRAMANIAM
Ramesh Kumar Gupta – Appellant
Versus
Inspector General of Registration, Office of the Inspector General of Registration, Chennai – Respondent
JUDGMENT
(Prayer: WritPetition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, directing the Respondents, more particularly 2ndrespondent, to refund Rs.10,21,790/-, collected from the petitioners for registration of the ''Sale Certificate'', registered as Doc No.343 of 2022 in Book-1 on the file of the SRO, Periampet.)
1. The Writ of Mandamus has been instituted to direct the second respondent to refund a sum of Rs.10,21,790 collected from the petitioners for the registration of Sales Certificate registered as Document No.343 in Block No.1 on the file of the SRO, Periamet.
2. The petitioners purchased the subject property through public action conducted by DRT and a Sales Certificate has been issued by the authorized officer. The petitioner presented the Sale Deed certificate for registration under Section 17 of the Registration Act. The Sub-Registrar registered the document and released the same, after following the procedures and on payment of registration and other charges.
3. After completion of the registration and release of the document registered, the petitioners have chosen to raise an objection by stating that the Sale Certificate need not
The optional nature of registration under Section 17 of the Registration Act and the authority of the registering authority to collect registration and other charges when documents are presented unde....
The main legal point established in the judgment is that sale certificates should be filed in Book No.1 under Section 89(4) of the Registration Act without insisting on stamp duty, based on the decis....
The main legal point established in the judgment is that a sale certificate presented for filing in Book-I under Section 89(4) of the Registration Act does not need to be stamped or registered, as di....
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 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.
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 banks are not compulsorily registrable and filing them in Book No.1 does not attract stamp duty.
A writ of mandamus cannot be issued to bypass mandatory government orders regarding filing fees for the registration of sale certificates under Section 89(4) of the Registration Act, 1908, unless the....
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