A Sale Certificate issued under the SARFAESI Act is not a conveyance and does not require stamp duty for filing under Section 89(4) of the Registration Act, 1908.

JUDGMENT

(Dated this the 22nd day of January, 2026)

The reliefs sought in this writ petition are as follows:

(i) Issue a writ of mandamus or such other writ, order or direction directing the first respondent to file Ext.P1 Sale Certificate in Book No.1 of the Sub Registrar Office, Thrissur as mandated under Section 89 (4) of the Registration Act , 1908 without insisting on payment of stamp duty, creating a charge on petitioner’s property mentioned in Ext.P1, expeditiously, within a time frame that may be specified by this Hon’ble Court.

(ii) Issue such other appropriate writ, order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case at hand to secure the ends of justice.

2. The petitioner is a home-maker and the successful auction purchaser of 3.94 Ares of land in Chiyyaram Village, Thrissur, sold by the 2^nd respondent (Authorised officer, State Bank of India) under the SARFAESI Act for Rs.2,67,50,000/-. Upon confirmation of sale, Ext.P1 Sale Certificate dated 20.12.2025 was issued and forwarded to the 1^st respondent (Sub-Registrar) for filing in Book No.1 under Section 89 (4) of the Registration Act , 1908; however, the first respondent refused to file the same, insisting that it be engrossed on stamp paper under the Kerala Stamp Act , 1959. The refusal is contrary to settled law that a Sale Certificate issued by a bank’s Authorised officer is not a “conveyance”, is not compulsorily registrable, and that mere filing under (4) does not attract stamp duty, as held by this Court in 2025 in WP(C) No.26278/2025 (Ext.P2). Having invested a substantial sum, the petitioner is being deprived of the benefits of the property due to the illegal stance of the first respondent and is willing to have a charge created to secure any potential stamp duty. Hence, this writ petition seeks a direction to the first respondent to file Ext.P1 in Book No.1 without insisting on immediate payment of stamp duty.

3. Regarding the question of payment of stamp duty in a sale certificate, it is now referred to a larger bench, which is still pending. In the meanwhile, any sale certificate forwarded by the Bank under Section 89 (4) of the Registration Act shall be incorporated in the 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. Option is left to the individual auction purchaser till further decision is taken in the matter by a Full Bench.

4. Given the above reasons, the petitioner has two options either to pay stamp duty under protest or make a charge over the property. If the option is exercised, the respondent shall incorporate the sale certificate, in Book No.1 within one month from the date of its presentation.

The Writ Petition is disposed of as above.

Sd/-