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2026 Supreme(Online)(Ker) 2198
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Basant Balaji, J
HARITH HILAL – Appellant
Versus
THE SUB REGISTRAR – Respondent
WP(C) NO. 45815 OF 2025
For the Appellants/Petitioners: R.SANTHOSH MAHADEVAN, C.R.VIJAYAKUMARAN PILLAI, YAYATHI VIJAYAN, ADWAITH SUSEEL, MUKESH KUMAR GANDHI, R.RAHUL KRISHNAN
Petitioner's entitlement to relief for enforcement of registration obligations without undue stamp duty requirements.
Headnote:The petitioner filed a writ petition under Article 226 of the Constitution seeking reliefs related to a sale certificate under Section 89(4) of the Registration Act. The petitioner successfully bid at an auction conducted by a nationalized bank for a property valued at Rs. 74,95,000. There was a delay in forwarding the sale certificate, and upon receipt, the Sub Registrar failed to make entries mandated by law. The court has directed the Sub Registrar to incorporate sale certificates in Book No.1 based on previous orders from a Full Bench, subject to its final decision. The court determined responsibilities regarding stamp duty for sale certificates.
| Table of Content |
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| 1. petition filed for registration compliance. (Para 1 , 2 , 3 , 4) |
| 2. court's directive based on precedents. (Para 5) |
JUDGMENT
This writ petition has been filed by the petitioner under Article
226 of the Constitution of India seeking the following reliefs:-
1. to issue a writ of mandamus or other appropriate writ or order directing the 1st Respondent to file the copy of the Exhibit P1 sale certificate in Book No. 1 as per Section 89 (4) of the Registration Act without insisting for payment of any stamp duty.
2. to issue a writ of mandamus or other appropriate writ or order directing the 2nd Respondent to send a copy of the Exhibit P1 sale certificate again to the 1st Respondent in the proper manner for filing it Section 89 (4) of the Registration Act
3. such other reliefs as this Hon’ble court may deem fit and proper to grant in the facts and circumstance of the case for the interest of justice and equity.
2. The petitioner is a Non-Resident Indian who participated in a public auction conducted by the Authorized Officer of a nationalised bank under Section 13(12) of the SARFAESI Act, 2002 read with Rules 8 and 9 of the Security Interest (Enforcement) Rules, 2002. The auction was held for the sale of an extent of 32.40 Ares of land comprised in Re-survey Nos. 22/6 and 28/8 of Vembayam Village, Nedumangad Taluk. The said property constituted a secured asset of the concerned branch of the respondent bank.
3. The petitioner emerged as the successful bidder in the auction for a consideration of Rs. 74,95,000/- (Rupees Seventy-Four Lakh Ninety-Five Thousand only). The entire sale consideration was remitted by the petitioner and was duly acknowledged by the respondent bank. Upon completion of all formalities relating to the auction, the Authorized Officer issued and handed over the sale certificate in favour of the petitioner.
4. It is further stated that, in terms of Section 89 (4) of the Registration Act , the Authorized Officer of the bank was obliged to forward a copy of the sale certificate to the jurisdictional registering authority for filing in Book No. I, since the property is situated within the territorial limits of that authority. The 2nd Respondent, despite repeated requests made by the petitioner, forwarded a copy of the sale certificate to the 1st Respondent only after a delay of three years. However, upon receipt of the copy of the sale certificate, the 1st Respondent, instead of making the necessary entries in Book No. I as mandated under law, returned the same to the 2nd Respondent vide notice dated 30.10.2025.
Aggrieved by the same, the petitioner approached this Court.
5. The question of stamp duty in a sale certificate has already been referred to a Full Bench of this Court by order dated 25.08.2025 in W.A.Nos.1520 and 1823 of 2025 and it was ordered that, in the meanwhile, the sale certificates forwarded by the Bank under Section 89 (4) of the Act shall be incorporated in Book No.1 either by collecting stamp duty under protest from such auction purchaser or making it as a charge over the property without collecting stamp duty. The option is left to the individual auction purchaser.
Taking note of these facts, the writ petition is disposed of with a direction to the 1st respondent Sub Registrar to incorporate sale certificates, in Book No.1 on the basis of the direction in the reference order, subject to the orders by the Full Bench of this Court.
Sd/-
