Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
ANANDA CHANDRA BEHERA
Radha Raman Tradecom Private Limited – Appellant
Versus
Sub-Registrar, Barchana, Jajpur – Respondent
| Table of Content |
|---|
| 1. writ petition filed for quashing registrar's refusal. (Para 1 , 2) |
| 2. opponents filed counter affidavits. (Para 3 , 4) |
| 3. sale certificates do not require registration. (Para 5) |
| 4. apex court clarifies filing process for sale certificates. (Para 6) |
| 5. sub-registrar must comply with statutory duties. (Para 7) |
| 6. writ petition allowed; sub-registrar directed to act. (Para 8 , 9 , 10 , 11) |
JUDGMENT :
1. This writ petition under Article 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner- company praying for quashing the letter No.948 dated 21.12.2024 of Sub-Registrar, Barchana (Opp. Party No.1) & letter No.3744 dated 31.07.2018 of Collector and District Magistrate, Jajpur (Opp. Party No.4) and to direct the Sub- Registrar, Barchana (Opp. Party No.1) and IGR, Odisha, Cuttack (Opp. Party No.2) to make an Entry to the Certificate of Sale dated 20.11.2024 issued by the State Bank of India, Stressed Asset Management Branch-II (Opp. Party No.5) in Book 1 of its Sub-Registrar’s office as per Section 89(4) of the REGISTRATION ACT , 1908.
3. All the Opp. Parties have filed their respective counter affidavits. The Opp. Party No.5 has supported the case of
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.
The court affirmed that the entry of a Sale Certificate in the local registration office is a statutory requirement for record preservation, not subject to compulsory registration, thereby affirming ....
The court held that a sale certificate, required to be filed in the local registration office under law, cannot be refused based on a status quo order in a related civil suit involving a non-party.
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.
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.
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 Sub-Registrar must independently decide on the registrability of a deed without needing clarification from the District Registrar, as their investigation into title is not permissible under law.
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....
A Sub-Registrar has the independent authority to decide the registrability of deeds, and cannot refuse registration based on a District Registrar's clarification regarding leasehold status.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
