• Cant register sale certificate

Sale certificate issued by Debt recovery tribunal ..
I have not registerd the sale certificare now time is over and registrar saying we cant register this document what i have to do now whom i have to approach
Asked 3 years ago in Property Law
Religion: Hindu

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13 Answers

Submit the sale certificate  for registration to sub-Registrar and ask him to reject it with reasons for rejection in writing. He has no power to reject the document. He has to specify why and under what the Registrar is rejected, which he cannot do. You can also complaint to District Registrar. 

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

If there is delay in registration of any document, Registrar can collect additional stamp duty as penalty is bound to register the document. That is why he is not rejecting in writing. Submit the document  with a lawyer's notice seeking registration or rejection in writing with reasons for rejection.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

in Arumugham, S. & 2others v. C.K. Venugopal Chetty & 5 others and the Supreme Court in B. Arvind Kumar Vs. Government of India and others, referred supra, the sale certificate issued in favour of the appellant does not require any registration in view of section 17(2) (xii) of the Registration Act as the same has been granted pursuant to the sale held in public auction by the authorized officer under SARFAESI Act.

2) in other words sale certificate does not require registration 

 

3) registration has to be done within maximum  period of 8 months 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Obtain covering letter in current date from DRT 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

There is a time limit to register the sale certificate,  if you have not initiated the steps within the stipulated time frame,  it would be rejected by the registrar concerned citing it as barred by limitation. 

However you obtain the reasons for rejection in writing and approach the DRT once again by filing an application requesting them to either extend the time or issue a fresh letter to the registrar concerned to enable you to get the document registered. 

If the DRT is also rejecting or dismissing your application you collect the evidences and file a writ petition before high court seeking intervention and desired relief or remedy to this because it cannot be said that the auction sale is invalid,  hence you need to have a remedy to get the relief. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

1. Contact the Inspector General of Stamps and Registration of the competent jurisdiction and request for condonation of delay for registering the sale certificate.

2.  If there's no positive response, please approach the jurisdictional Court and seek condonation of delay , for registering the sale certificate 

Shashidhar S. Sastry
Advocate, Bangalore
5642 Answers
339 Consultations

You get the reasons for rejection in writing from the registrar and approach DRT once again and take further steps as suggested in my previous post. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Dear client, i am sorry to hear that.

Unregistered Sale Agreement is enforceable in Law, and any shortage of stamp charges can be paid through the Court's order. Such an agreement will be valid for three years from the execution date. 

An unregistered sale agreement validity period is of 3 years from the date mentioned to execute. Any shortage of stamp charges is paid through the Court's order. However, under Section 54, such an unregistered sale deed, although valid under the Registration Act, will not be able to confer the title on the purchaser.

Thankyou. 

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

It is the responsibility of the DRT to get the sale certificate registered in the purchaser's name within the timeframe prescribed. Move the high court under its Writ jurisdiction for directing the DRT and the Registrar concerned to get the sale deed duly registered in your name.

Swaminathan Neelakantan
Advocate, Coimbatore
3088 Answers
20 Consultations

- As per section 17(2)(xii) of the Registration Act , the registration of sale certificate  is not mandatory for the completion of the sale pursuant to the public auction and issuance of the sale certificate under the scheme of the SARFAESI Act..

- Hence, even if the said sale certificate is not registered then also it has legal value in the eye of law 

- However, on the refusal of the Registrar , you can get direction from the Court after filing a suit for the same. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

1. May be at Tamilnadu, the sale certificate is to be registered with in specific period  from the date of its issue.

 

2. You can file an application before the DRT praying for an Order directing the Registrar to register the said sale certificate which, if obtained, will solve your problem.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

 Approach DRT with valid ground for the delay seeking direction  upon the Registrar to register the sale certificate.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

You need to again approach court Or appeal the order of registrar with delay condonation

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

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