Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Kamlesh (Not yet)     16 September 2010

Sale Certificate under SARAFAESI Act

I have purchased one flat under SARAFAESI Act, 2002 from one Nationalised bank.


Bank has given me Memorandum of Sale on which bank insisted to pay stamp duty, which I paid also and got registered with sub-registrar and bank manager himself came for registration. So it became my Sale Deed.



Now I came to know that the memorandum of sale is not the Sale Certificate as per Appendix V of the Rules and now bank is not giving me Sale Certificate as per Appendix V format. Bank says whatever given (Memorandum of Sale) is sufficient.


Now what should I do?


1) What can I do to get the Sale Certificate from the bank as per Appendix V format?


2) If at all bank gives me Sale Certificate as per Appendix V, do I need to pay stamp duty again? and Have again register it with the Sub-registrar? or will have to register with sub-registrar as a "Deed of Rectification" ?


3) Even if stamp duty and re-registration is not needed again, Is it recommended to have it done?


Following is the format of Memorandum of Sale issued by the bank to me.


And which is duly stamped and registered with sub-registrar



So & So bank

Address of the So & So bank


Memorandum of Sale


1)      In respect of :                                                  Address of flat mentioned here


2)      Name of the purchaser:                                       my full name mentioned here


3)      A) Total amount of bid accepted:                      Bidding amt mentioned here

B) Amount paid as EMD :                                   EMD paid mentioned here

C) Amount equivalent 25% (Less EMD) :         Some figure mentioned here

D) Balance amount equivalent to 75% :            Some figure mentioned here

                                    Total                                       Total figure mentioned here



            The sale is subject to terms & condition mentioned in public notice for sale as published in the news papers and the tender/document and confirmation of sale by the Authorised Officer as per SARAFAESI Act. After the confirmation of the sale, a Sale Certificate will be issued. The original of this sale certificate is liable for pay stamp duty to be paid by the purchaser. He/she shall also liable to pay registration and incidental charges.



Signature of successful bidder            Signature of Authorised Officer



Photograph of mine                              Photograph of Authorsied Officer                                        



Signature of witness I                           Signature of witness II


 4 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     16 September 2010

Had you been provided with Sale-Certificate, it was required to be registered with sub-registrar but as the sale-deed has already been executed in your favour, there is no need to obtain this certificate as it has already lost its relevant.

1 Like

Kamlesh (Not yet)     16 September 2010

Thank you Mr. Raj,


But as per SARAFAESI Act, Sale Certificate is the final document. I have doubt if bank issues that SAle Certificate in someonelses name, If it has to do some fraud.


So i have worry




SACHIN AGARWAL (ADVOCATE)     25 October 2010

I agree with the view of Mr. Makkad.

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