WP(C) NO.25722 OF 2023 & Connected cases
Section 17 of the Kerala Stamp Act requires all instruments executed in Kerala to be stamped before or at execution. Entry 16 of its Schedule applies stamp duty on sale certificates issued by courts or government officers, treating them like conveyances. However, the Act does not specifically mention sale certificates issued under the SARFAESI Act.
Courts have clarified this gap:
- Shanti Devi (SC): A Tax Recovery Officer is a “Revenue Officer”; sale certificates filed with the Sub-Registrar under Section 89(4) of the Registration Act are deemed registered.
- B. Arvind Kumar (SC): Sale certificates issued by Civil/Revenue Officers are exempt from mandatory registration under Section 17(2)(xii) of the Registration Act.
- G. Madhurambal (Madras HC): Authorized officers under SARFAESI qualify as “Civil or Revenue Officers,” and sale certificates issued by them are not conveyances requiring stamp duty.
Conclusion: An authorized officer under SARFAESI is treated as a Revenue Officer, and a sale certificate issued by them is exempt from registration and cannot be treated as a conveyance subject to stamp duty