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N.Ramakrishnan (Advocate/ Senior Partner)     08 January 2010

Whether Sale Certificate to be Registered

Dear Friends,

Kindly clarify as to whether a Sale Certificate issued by an Authorized Officer under the SARFAESI Act has to be necessarily registered with the Sub Registrar?

I am asking this question because there are some judgments of the Madras HC which holds that the buyer will get title even without registering the Sale Certificate. Please give me the views of the other High Courts/ SC in this regard.

Thanks & Regards,

N.Ramakrishnan, ADV



Learning

 7 Replies

Dirgesh kumar sharma (Advocate)     10 January 2010

Hi

sale certificate Ragistration is your choice ragisteterd or non ragistered But Stamp Duty's Paid is nessasary.

Property Value on stamp Duty Paid and Ragistration Fees is your choice if you pay than sub ragistrar ragistered certificate, if you not pay than without ragistered return certificate.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     12 January 2010

Judgments are correct.

Section 17 (2) (xii) of Registration act gives exemption.

Any certificate of sale granted to the purchser of any property sold by public auction by a civil or revenue officer is exempted from compulsory registration.  

rajkumar.vnm.marupeddi (advocate)     17 January 2010

Dear friend,

Why do you want to take chance in not registering the sale certificate. Tommorrow, some new Judgments by Apex Courts may come up with observations that such sale certificates require registration.

Lal Mohan (advocate)     28 August 2010

Registration of Sales certificate is not mandatory.But it is beneficial and safety for the purchaser. If it is not registered the name of the purchaser will not show in the E.C. Normally for all transaction E.C is a compulsory document. If the purchaser want to re sale the property or oif he want a loan from any financial institution the other party will insist the production of E.C. In order to avoid all these problem it advisable to register the sale certificate.

 

Lal Mohan

C.Arasamuthu (Advocate)     20 May 2011

I feel, as we are professionals, we need to discuss "what the law says".

The question is whether the sale certificate issued under the SARFAESI ACT need to be registered or not?

I referred two three case laws, they say, it need not be registered if it is issued by an officer under the SARFAESI ACT.

I request all of our forum members not to tell opinions on their own. Please give if some of you have another references based on the acts/ rulings/citations.

 

Whether SARFAESI ACT override the registration act and stamps act or not?

With regards

C.Arasamuthu

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     20 May 2011

registration is essential, pl refer exact law and citations for exemption.

narendra.s.p (Chief Manager(Law))     08 March 2012

Please find attached judgment dated.14/12/2009 of the Karnataka High Court in WP.No.27475/09 betweeen

Sundram BNP Parabas Vs. Senoir sub Registrar, on the point.


Attached File : 940303525 sale certificate.pdf downloaded: 1697 times

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