#property mutation

The Kerala High Court has ruled that a sale certificate issued under the SARFAESI Act does not attract stamp duty when issued, as it merely evidences title already transferred by auction confirmation. Stamp duty is payable only when the certificate is presented for registration, relieving auction purchasers of premature financial burdens and aligning procedural compliance with substantive rights.

The Himachal Pradesh High Court has ruled that co-operative banks must recalculate outstanding loans under the H.P. Debt Reduction Act, 1976-capping interest and principal-before auctioning property of a deceased borrower’s surviving spouse. This prevents predatory compounding of debt and upholds the Act’s protective intent for vulnerable rural families, making statutory debt limits binding even after death.