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S. SOUNTHAR
P&C Realty Promoters Private Limited – Appellant
Versus
Inspector General of Registration, Chennai – Respondent
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the Respondents 1 and 2 to enter the Sale Certificate dated 24.01.2024 in Book No. 1 under Section 89(4) of the Registration Act, 1908, issued by the 3rd Respondent under Rule 9(6) of the SARFAESI Rules, 2002, without insisting the stamp duty.
1. The petitioner herein seeks a direction to the Respondents 1 and 2 to enter the sale certificate dated 24.01.2024 in Book No. 1 under Section 89(4) of the Registration Act, 1908, without insisting payment of stamp duty.
2. It is the case of the petitioner that she was the highest bidder of the property covered by the sale certificate dated 24.01.2024 in the e-auction conducted by the 3rd Respondent under the SARFAESI Act. After deposit of the entire sale consideration as per the bid, the 3rd Respondent issued sale certificate dated 24.01.2024. After handing over the original sale certificate to the petitioner, the 3rd Respondent forwarded a copy of the sale certificate to the 2nd Respondent on 04.03.2024 for making necessary entry in Book No. 1 under Section 89(4) of the Registration Act. The 2nd Respondent kept th
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 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 court clarifies the applicability of stamp duty on sale certificates issued under the SARFAESI Act based on statutory interpretations.
The court clarified that a Sale Certificate under SARFAESI does not require stamp duty and must be registered in Book No.1 as per 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.
Sale certificates issued by banks are not compulsorily registrable and filing them in Book No.1 does not attract stamp duty.
Sale certificates issued after public auctions do not require registration or stamp duty if solely for filing purposes.
The court affirmed the ability to register a sale certificate issued under the SARFAESI Act without demanding stamp duty as outlined in Section 89(4) of the Registration Act, 1908.
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