• Validity of sale certificate for auction plot

I purchased an auction and got the Sale Certificate letter dated 27.02.2020 on handover on 16.03.2020. But due to covid my mother (Nri is out of India) couldn't register the sale deed with sub registrar. Now 8 months have finished and I've come to register the sale deed (With POA) but sub registrar asks for a validated new sale certificate but bank has refused for the same. So please guide how I should get the sale deed registered. I have the plot possession and all original documents with me.
Asked 1 month ago in Property Law
Religion: Hindu

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9 Answers

 

 

1) The Certificate of Sale does not require registration

 

2) Registration has to be done within maximum period of 8 months with penalty 

 

3) request bank to issue validated new sale certificate as registration could not be done due to Covid 

 

 

Ajay Sethi
Advocate, Mumbai
80471 Answers
4927 Consultations

5.0 on 5.0

1. Obtain a letter from the Bank stating that the old sale certificate is valid, as on date also and approach the jurisdictional Sub Registrar's Office. If the Bank refuses, approach the Ombudsman of the Bank.

2. If the Sub Registrar's Office refuses to register the property, meet the District Registrar of the jurisdiction and apprise him of the delay in the matter due to covid. Still if it's not resolved, approach the jurisdictional Inspector General of Stamps and Registration in Rajasthan, to resolve the issue.

3. Last initiative is to apppoach the Jurisdictional Court for resolving the issue.

Shashidhar S. Sastry
Advocate, Bangalore
3338 Answers
190 Consultations

5.0 on 5.0

The claim of Registrar is unfounded.  There is no expiry date of sale certificate and on this basis a sale deed can be registered at any later point of time. 

So file writ petition in high court. 

Devajyoti Barman
Advocate, Kolkata
21978 Answers
325 Consultations

5.0 on 5.0

1. What kind of validation is the sub-registrar demanding? Consequence on the issuance of the Sale Certificate to the purchaser who is a bona fide purchaser in the public auction conducted, the sub-registrar is bound to register the sale deed if the purchaser is present personally or is represented by a POA holder.  Bank will not issue another sale certificate.

2. Writ Petition may be filed against sub-registrar in the High Court.

Ashish Davessar
Advocate, Jaipur
30295 Answers
879 Consultations

5.0 on 5.0

Stamp duty is liable on sale certificate. It is valid and dose not expires.


No fresh SC requires. Complain to DG stamp .

Yogendra Singh Rajawat
Advocate, Jaipur
21421 Answers
31 Consultations

4.4 on 5.0

Follow the prescribed procedure as per the Registration Act. 

Mere refusal to register is not sufficient. 

The sub-registrar shall make an order of refusal and record his reasons for such refusal in his book No. 2 and endorse the words "registration refused " on the documents and on application made by the party, shall without payment and unnecessary delay give him a copy of the reasons so recorded. 

With this endorsement and reason recorded , the affected party can appeal, to the Registrar within thirty days of the refusal order, stating the grounds for registration . The registrar may reverse or alter the order. 

If appeal order does not go in your favour then you can approach the jurisdictional district court to direct the registrar to register the document. 

You can move direct to high court without following the procedure but the high court may refuse to entertain your claim for not availing the existing remedies. 

If you do not want to follow the prescribed procedure then you may direct go to the jurisdictional district court instead of moving to High court. 

Kallol Majumdar
Advocate, Kolkata
2792 Answers
4 Consultations

5.0 on 5.0

The execution of registered sale deed is the duty of the bank who is the vendor and it has to comply with the requirement as per transfer of property act in the capacity of vendor.

You first issue a legal notice to the bank demanding it to execute the registered sale deed on the basis of the sale certificate. 

If the bank is not obliging or refuse to comply with the demand made, you can file a suit for under section 34 of  specific relief against the bank demanding execution of registered sale deed.

Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit  for any further relief. 

T Kalaiselvan
Advocate, Vellore
70524 Answers
985 Consultations

5.0 on 5.0

1. File a Civil Court suit and seek for directions to the Registrar for the needful.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Hemant Agarwal
Advocate, Mumbai
5541 Answers
25 Consultations

5.0 on 5.0

1. As per law Sale Certificate issued by the A.O, of the bank to the Auction Purchaser is not required to be registered mandatorily.

 

2. It is optional only.

 

3. Register is wrong to ask for fresh sale certificate.

 

4. Get his refusal in writing which probably he will refuse to give.

 

5. File a RTI application or complaint letter  to the Registrar to solve the issue.

 

6. If he does not reply, file a Writ Petition before the High Court against the inaction of the Sub-Registrar and the Registrar praying for a direction upon the Sub-Registrar to register the said Sale Deed.

Krishna Kishore Ganguly
Advocate, Kolkata
25047 Answers
722 Consultations

5.0 on 5.0

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