https://www.taxtmi.com/caselaws?id=371788 A registering authority cannot refuse registration of a sale certificate issued after auction of a secured asset merely because the property had earlier been attached for government dues. Section 31B of the SARFAESI Act accords priority to a secured creditor's right to realise secured debt over other debts and government dues, and a sale certificate issued under Rule 9(6) after full payment and public auction passes title free from encumbrances where no subsisting encumbrance was disclosed. A subsequent purchaser of the secured asset cannot be burdened with the predecessor's liability absent a statutory first charge, so the refusal to register was unsustainable. en-us Tue, 20 Nov 2018 00:00:00 +0530 Tue, 11 Dec 2018 08:05:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=371788 A registering authority cannot refuse registration of a sale certificate issued after auction of a secured asset merely because the property had earlier been attached for government dues. Section 31B of the SARFAESI Act accords priority to a secured creditor's right to realise secured debt over other debts and government dues, and a sale certificate issued under Rule 9(6) after full payment and public auction passes title free from encumbrances where no subsisting encumbrance was disclosed. A subsequent purchaser of the secured asset cannot be burdened with the predecessor's liability absent a statutory first charge, so the refusal to register was unsustainable. Case-Laws Indian Laws Tue, 20 Nov 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=371788