A sale certificate issued to the purchaser in pursuance of the confirmation of an auction sale is merely evidence of such title and does not require registration under Section 17(1) of the Registration Act | When the auction purchaser presents the original sale certificate for registration, it would attract stamp duty in accordance with Articles 18 and 23 of the First Schedule to the Stamp Act – The State of Punjab and Anr. Vs. Ferrous Alloy Forgings P Ltd. and Ors. – Supreme Court
The Hon’ble Supreme Court held that:
(i) A sale certificate issued to the purchaser in pursuance of the confirmation of an auction sale is merely evidence of such title and does not require registration under Section 17(1) of the Registration Act.
(ii) Mere filing under Section 89(4) of the Registration Act itself is sufficient when a copy of the sale certificate is forwarded by the authorised officer to the registering authority.
(iii) 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.