SALE CERTIFICATE ISSUED BY DRT IN AUCTION SALE THE REGISTRATION WITH THE
REGISTRAR IS NOT COMPULSORY SAYS MADYAPRADESH HIGH COURT IN SUKH SAGAR AGRO
INDUSTRIES Vs PUNJAB NATIONAL BANK & OTHERS
On 8 February 2025, the DRT gives the buyer a sale document.”
The buyer goes to the Registrar's office to record the document, but the Registrar refuses.
5. The buyer goes to the High Court.
6. The State disagrees. The State refers to an older Supreme Court decision to support its position.
The buyer shows other Supreme Court decisions. A sale certificate issued by the proper authority after an auction does not always need compulsory registration.
The High Court considers the law. The Judge decides that the same principle applies to this DRT auction sale certificate.
The buyer wins the case.
The High Court allows the petition and directs the authorities to record the sale certificate and make the necessary entry in Book No. 1 under Section 89(4)
KEY TAKE AWAY
The buyer won the property in a DRT auction, the Registrar refused to record the sale certificate, and the High Court ordered the authorities to make the required official entry.
IMPORTANT LESSON:
A sale certificate issued by the proper authority after a DRT auction does not necessarily need compulsory registration.
#R V SEKAR FCS,LLB 79047 19295,
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