Sale Certificate Issued After Court Auction Not Compulsorily Registrable; Auction Purchaser Need Not Deposit Stamp Duty To Get It : Supreme Court
4 weeks ago

Sale Certificate Issued After Court Auction Not Compulsorily Registrable; Auction Purchaser Need Not Deposit Stamp Duty To Get It : Supreme Court

Live Law  

The Supreme Court observed that the successful auction purchaser doesn't need to deposit stamp duty for the issuance of a sale certificate pursuant to the auction done in a court proceedings. The Court clarified that the stamp duty would be payable only when the auction purchaser uses the certificate for some other purpose, but not when the certificate remains as it is. However, a perusal of Articles 18 and 23 respectively of the first schedule to the Stamp Act respectively makes it clear that when the auction purchaser presents the original sale certificate for registration, it would attract stamp duty in accordance with the said Articles. Aggrieved, the State appealed to the Supreme Court, which considered whether stamp duty is mandatory for issuing a sale certificate under the Stamp Act and Registration Act.

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History of this topic

Auction Purchaser Not Liable To Registration Fees/ Stamp Duty U/S Section 89(4) Of Registration Act: Madras High Court
3 years, 1 month ago

Auction Purchaser Not Liable To Registration Fees/ Stamp Duty U/S Section 89(4) Of Registration Act: Madras High Court

Live Law  

The Madras High Court has recently held that the auction purchaser of immovable property need not pay registration fees or pay stamp duty when filing a copy of the sale certificate in terms of Section 89 of the Registration Act, 1908. As contemplated under Section 89, when a copy of the sale certificate is submitted to the registering officer for …

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