Sale Certificate | The Andhra Pradesh Civil Rules Of Practice And Circular Orders 1990

Summary

Section 282 of the Andhra Pradesh Civil Rules Of Practice and Circular Orders, 1990, outlines the issuance of sale certificates for immovable property. It mandates the inclusion of survey numbers and registration details, and requires certificates to be on proper stamp paper. Copies must be sent to registering officers within three days, and any court order setting aside a sale must be communicated to the relevant officers.

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Explanation using Example

Example 1: Sale Certificate for a Residential Property

Introduction: Mr. Rao purchases a residential property through a court-ordered auction. The property is located in Vijayawada, Andhra Pradesh, and has a specific survey number.

Application: According to Section 282(1) of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, the sale certificate must include the survey number and the registration district. Mr. Rao ensures the certificate specifies these details. Under Section 282(2), the certificate is engrossed on the appropriate stamp paper and sent to the registering officer within three days.

Outcome: Compliance with these requirements ensures the certificate is valid and legally recognized. Failure to include the survey number or delay in sending the certificate could result in legal complications or challenges to the property ownership.

Conclusion: By adhering to these provisions, Mr. Rao secures his ownership rights without legal disputes.

Example 2: Delay in Issuing Sale Certificate

Introduction: Ms. Sharma wins a bid for a commercial property in a court auction. However, the court delays issuing the sale certificate.

Application: Section 282(4) mandates that the sale certificate be drawn up without delay and notified on the court's notice board within 24 hours of the judge's signature. The delay violates this provision, potentially affecting Ms. Sharma's ability to register the property promptly.

Outcome: Ms. Sharma may face challenges in asserting her ownership rights or securing financing due to the delay. She can request the court expedite the process to comply with the legal requirement.

Conclusion: Timely issuance and notification of the sale certificate are crucial to avoid legal and financial complications.

Example 3: Setting Aside a Court Sale

Introduction: A court sale of a piece of land is contested and eventually set aside due to procedural errors.

Application: As per Section 282(5), the court must send a copy of the order setting aside the sale to the registering officer where the sale certificate was filed. This ensures the sale is legally nullified in official records.

Outcome: Failure to notify the registering officer could result in the erroneous belief that the sale is still valid, leading to potential legal disputes.

Conclusion: Proper notification is essential to maintain accurate public records and prevent future conflicts over property ownership.

Example 4: Incorrect Stamp Value on Sale Certificate

Introduction: Mr. Gupta purchases a plot of land through a court sale, but the sale certificate is issued with an incorrect stamp value.

Application: Section 282(3) requires the sale certificate to disclose the correct stamp value. The error could lead to issues with the registration process and potential penalties for underpayment of stamp duty.

Outcome: Mr. Gupta must rectify the stamp value to avoid legal penalties and ensure the certificate is accepted by the registering officer.

Conclusion: Accurate disclosure of stamp value is crucial for legal compliance and successful registration of property rights.