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2022 Supreme(Online)(KER) 34686

HIGH COURT OF KERALA
R.BINDU – Appellant
Versus
STATE BANK OF INDIA – Respondent


JUDGMENT

The prayer in the writ petition is for a direction to the respondents to register Ext.P1 sale certificate in the name of the legal representatives of the auction purchaser who is no more and to deliver physical possession of the property and to hand over the original title deeds. The 1st respondent has filed a counter affidavit admitting the fact that the successful bidder was the father of the petitioner. It is also stated that necessary documents have been handed over to the auction purchaser even before the sale. It is further stated that the Bank has informed Sub Registrar Office, Sasthamangalam not to create any encumbrance over the property and that the property is already sold to Sri. Mohanan C., the deceased father of the petitioner. It is also stated that there is no impediment in registering the sale deed in favour of the petitioner subject to production of the requisite documents to prove that she is the legal heir of late Sri.Mohanan C. and she is entitled to get the sale deed registered in her favour. The petitioner, it is stated, may submit the legal heirship certificate for the purpose of speeding up with the registration process.

In view of the specific stand

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