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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Kalidass – Appellant
Versus
Inspector General of Registration, Office of the Inspector General of Registration – Respondent
| Table of Content |
|---|
| 1. sale certificate communication under section 89 (4) (Para 1 , 3 , 4) |
| 2. judicial observations on existing law. (Para 2) |
| 3. supreme court judgments affirming sale certificate regulations (Para 5 , 6 , 7) |
| 4. concerns over stamp duty by the state (Para 8 , 9) |
| 5. distinction between section 17 and section 89 processes (Para 10 , 11) |
| 6. court's directives on sale certificate processing (Para 12 , 13) |
ORDER :
(G.K. ILANTHIRAIYAN, J.)
This Writ Petition has been filed for a direction, directing the respondents 1 and 2 to permit to file the sale certificate, dated 20.4.2023, issued by the third respondent and make the entries in Book I maintained by him as contemplated under Section 89 (4) of the REGISTRATION ACT , 1908 and the law laid down by the Honourable Supreme Court of India and this Court thereby not to insist upon the levy of stamp duty and registration charges while making the entries in Book I of the sale certificate, dated 20.4.2023 issued by the third respondent.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3. Detailed adjudication of facts may not be required since the issue raised in these writ petitions is
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.
Sale certificates issued by banks are not compulsorily registrable and filing them in Book No.1 does not attract stamp duty.
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 ....
The court affirmed that a sale certificate under Section 89(4) of the Registration Act may be entered without stamp duty, pending decision by a Full Bench.
The court clarifies the applicability of stamp duty on sale certificates issued under the SARFAESI Act based on statutory interpretations.
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.
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.
Mandate of law in terms of Section 17(2)(xii) read with Section 89(4) of Registration Act, 1908 only required authorised officer of bank under SARFAESI Act to hand over duly validated sale certificat....
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