R. Bindu, daughter and legal heir of the late Sri. Mohanan C., filed WP(C) No. 25141 of 2022 before the Kerala High Court seeking a direction to State Bank of India to register Ext.P1 sale certificate (dated 17.09.2010) in the name of the legal representatives of the auction purchaser — her deceased father — and to deliver physical possession of the property along with the original title deeds.\n\nThe 1st respondent, SBI, filed a counter affidavit admitting that the successful bidder at the auction was the petitioner's father, that necessary documents had been handed over to the auction purchaser prior to the sale, and that the Bank had already informed the Sub Registrar Office, Sasthamangalam, not to create any encumbrance over the property. Crucially, SBI stated there was no impediment to registering the sale deed in favour of the petitioner, subject to her producing requisite documents establishing that she is the legal heir of late Sri. Mohanan C.\n\nThe writ petition was disposed of on the terms of SBI's own stand. The Court directed the petitioner to furnish the necessary documents — including details of all legal heirs entitled to registration of the sale certificate — to the 1st respondent, whereupon SBI was directed to initiate steps for completing the registration within three weeks of receipt of those details.
R. Bindu v. State Bank of India
Single judge · Justice T.R. Ravi
Why it matters
ListenAdvocates acting for legal heirs of deceased auction purchasers in SARFAESI/bank-auction matters can cite this order to compel a bank — which has already admitted no impediment to registration — to complete the sale-certificate registration within a court-fixed deadline upon production of a legal heirship certificate; the order also confirms that SBI's communication to the Sub Registrar restraining encumbrances is sufficient to protect the property pending registration.
Summary
Key principle
Where a bank admits in its counter affidavit that there is no impediment to registering a sale certificate in favour of the legal heirs of a deceased auction purchaser, the High Court may dispose of the writ petition by directing the legal heir to furnish heirship documents and the bank to complete registration within a fixed time-frame.
Holding
Disposed of — the writ petition was disposed of directing the petitioner to submit legal heirship documents to SBI, which was in turn directed to complete registration of the sale certificate within three weeks of receipt of those documents.
Statutes invoked
- Right to Information Act · RTI Application