The encumbrance certificate is used in property transactions as an evidence of free title/ownership. When buying an apartment, land or house, it is important to confirm that the land or property does not have any legal dues. A prospective home buyer must ensure that the property he intends to purchase has a clear and marketable title. The encumbrance certificate certifies that the property is not mortgaged and has no legal dues. The encumbrance certificate for property is available from the sub registrar office where the deed has been registered.
Encumbrance Certificate
The encumbrance certificate is vital for property buying, applying for Home loan or Loan against Property. Government Authorities and Financial Institution like banks etc demand 13 years of encumbrance. You could demand 30 years encumbrance certificate to be checked. If you still have anymore doubts, you can take a Possession Certificate of the ownership of the particular land, which is available from the village office.
The “Encumbrance” means the charges or liabilities created on a particular property, whereby it is held as a security for any debt of its owner which has not been discharged as on date. The encumbrance certificate contains all the transactions registered relating to a particular property for a period (as required).
The encumbrance certificates are issued in Form No. 15 or 16. If the property does not have any encumbrance during the said period, Form 16 will be issued i.e., certificate of Nil Encumbrance. If the property has any encumbrance registered during the said period form No. 15 will be issued. The certificate in form 15 discloses the documents registered in respect of the property, the parties to the deed, nature of the encumbrance, amounts secured or transacted in the said deed, the registered number of the document, Book No., Volume No., date-wise.
Limitations of Encumbrance Certificate
Government Authorities and Financial Institution like banks etc demand 13 years of encumbrance to confirm that the land or property does not have any legal dues. Public in general frequently use encumbrance certificates in property transactions as the sole evidence of free title / ownership. They are under the impression that the encumbrance certificate would disclose all the encumbrances that a property may have. However, encumbrance certificate has certain limitations and public should not completely rely on this certificates.
The encumbrances disclosed in the certificate are for the period for which certificate is issued and any encumbrance created at a prior date or at a later date are not included in the said certificate. Hence public should not completely rely on the certificates issued by the Registrar or Sub-Registrar office for tracing the clear title of the said property.
Procedures for Encumbrance Certificate
When you intend to purchase a property, an encumbrance certificate is a very important. The encumbrance certificate contains all the transactions registered relating to a particular property for a period. Government Authorities and Financial Institution like banks etc demand 13 years of encumbrance. You could demand 30 years encumbrance certificate to be checked. Before buying any land or house, it is important to confirm that the land does not have any legal dues. Following is procedure to obtain a no encumbrance certificate or encumbrance certificate.
- Apply on Form 22, with a Rs 2 non-judicial stamp affixed, to the Tahsildar giving your complete residential address and the purpose for which the certificate is required.
- Furnish details of ownership of property giving correct survey number and place where the property is situated. It is very important that the period, full description of the property, its measurements, and boundaries are clearly mentioned in the application
- The requisite fee needs to be paid. The fee is to be paid year-wise. The encumbrance year commences from April 1 of a calendar and closes on March 31, of the next calendar year. Any fraction of the said encumbrance year attracts fee for the full year.
- Enclose address proof such as Copy of ration card or any proof of residence address duly attested along with application.
- The application should be submitted to the jurisdictional sub-registrar’s office under which the property falls.
- In case the property does not have any encumbrance during the period, Form 16 is issued. This means no charge has been registered on the property. In case the property has any charges registered against it, then Form No 15 is issued.
- Form 15 discloses the nature of charges created, documents of the property registered, amount secured, and the registration details and references.
- In case there is no such entry and the report is favorable, the no encumbrance certificate is issued after conducting a detailed enquiry. The time taken may be anywhere between 15 to 30 days.
Tags: EC Certificate, Encumbrance Certificate, Form No 15, Form No. 16, Limitations of Encumbrance Certificate, Non Encumbrance Certificate, Procedures for Encumbrance Certificate, Property Buying, property documents, Property Registration
The article published on Encumbrance Certificate is excellent. However, I suggest the buyers also request a copy of the RTC to know the history of the property.
CAN EC BE APPLIED AT ANY SUB REGISTRAR OFFICE OR WILL IT BE REQUIRED TO APPLY ONLY WITHIN THE SPECIFIC JURISDICTION> FOR EG PLEASE CLARIFY
Hi,
EC dhould be applied in the proper (jurisdiction) sub – registrar office only
Thanks
Nagendra AS
Advocate
pls advice what is copy of RTC mentioned above?
where will i get it for my site+home which i am going to buy, my bank is expecting this to give homeloan.
Hi
RTC means Record of Rights, Tenancy and Crops. This is a very important Revenue record as it contains all possible data relating to lands held by an individual or group of individuals such as, area, assessment, water rate, classification of soil, number of trees, nature of possession of the land, whether acquired by registered or unregistered document by succession, partition, mortgage, liabilities, tenancy and details of crops grown, land utilization, area under mixed crops, etc. The RTC is maintained for each village separately
Thanks
Rakesh HP
hi rakesh, thanks for your details on RTC.
Now i really understand what is RTC.
I still have few Questions on this.
Q1, will the banks expect this while i go for homelaon?
Q2, where i need to go for collecting this RTC for my site+constructed home? as per you, its maintained for village, not for an individual site/survey.correct?
my going to be purchased site+home comes into shantilayout/kowdenahalli village,krpuram hobli,bangalore east, i know the subregistrar office of krpuram and taluk office of krpuram,
please tel me where will i get this?
if you tel me the answer its really helpful for me.
raakesh
Hi,
Before applying for your Home Loan, ask your bank about list of documents required for Home Loan, down payment, loan tenure and interest rate for home loan. Compare home loan schemes with two or more banks to get a best deal for your home loan.
I think RTC is applicable to individual sites too… According to source, One can get the signed copy of computerized PAHANI (RTC) from PAHANI CENTRE, set up at the Tahsildar Office, instantaneously by paying Rs.15.00. If he is unable to come to Taluk office, it can be collected by paying Rs.15.00 to Village Accountant / Revenue Inspector, who in-turn will collect computerized PAHANI from PAHANI CENTRE and hand it over.
refer FAQ of http://www.bhoomi.karnataka.gov.in/ to know more about RTC
Thank you
hai rakesh i saw ur prevoius replies
I want to buy one land by taking loan.
present land owner brought the land 10yrs back.
but he don’t have PAHANI document.
when i contacted some banks they told loan can’t be sanctioned due to absence of this document.
is there any possibility to get this document
Hi Sumit,
RTC (also known as Pahani) is the fundamental revenue record maintained by the Revenue Department with respect to agricultural land. Government of Karnataka has issued the order saying that in Computerized taluka, only computer generated RTC’s are valid for all legal purposes.One can get the signed copy of computerized PAHANI from PAHANI CENTRE, set up at the Tahsildar Office. You can contact your Tahsildar to know whether the property you are planning to buy belongs to Computerized taluka or not. Then ask your landlord to apply for the PAHANI document from the PAHANI CENTRE. This way you can get the document and once you buy the property, contact same PAHANI CENTRE to change name of Owners of the land to your name. For easy process give survey number of the property, receipt of last paid property tax and carry copy of documents of property (if req.)
Thank you…
Dear Sir,
I wish to with draw amount from my PF account to purchase new flat, PF office saying that need Builder Non Encumbrance Certificate from Builider. If you are aware kindly forward us the Non Encumbrance Certificate speciman copy to my reference will get letter from builder.
Looking forward to your reply
Regards,
Murali
Dear Sir,
I wish to know the details of the site which is in my mother by appling EC will we come to know the details or should we go to sub-register office or is it possible to find out online
Looking to your early favourable reply,
Regards,
Bharath
Hi,
Can we apply for and obtain EC before paying off the loan to Bank? Is there any linkage between bank loan and EC?
thanks!
if i should buy a property(resale) then EC of the property holder at present should be there or will it be not required. Please reply
It should be there . If not particular person is not a official owner
Dear Sir,
Could you Pls advise me how to get an EC certificate for a particular property within the specific jurisdiction.for which i didn’t have the survey number and boundaries details of the property.But i have only complete address.and Location of the property.
Looking to your early favorable reply
Regards
RamanaReddy
Dear Sir,
To Get a EC (Encumburance Certificate) first you need to know your Survey Number of property. You can get details of survey number of your property by seeking survey number of building or property near your property. Once you get the survey number of property or building next to your property, you can know your property’s jurisdiction and concerned office
Based on that you can know under which village administrator officer or authority under which your property belongs to. You can get survey number of your land by way of viewing whole map of that area.
Now you can apply for EC (Encumburance Certificate) through registrator office. Each entry in EC will have number. That number indicates the Document Number / Date of registration / year of registration / pages of document.
Regards
Rakesh
hello sir,
very nice meeting you, i want to know whether collateral loan created on a property
comes under encumbrance certificate or not. if not, why?
and if any disputes arrive later on , who is responsible?
bank who gives collateral loan or purchaser who purchase property on E C verification
[...] a document did not create any encumbrance in the property already [...]
sir
my lawrance . iam buy a land since1987 . but i didnot go for that place on date . so how can approch to get that place serva number &other docoment
Access. Ease of ingress and egress to the land are also essential. Is the land easy to get to by road or do you have to drive through rough terrain to get to the main farmhouse or boundary? If the property is not easily accessible, it will make living there more difficult, and will be less desirable if or when you decide to sell. Creating access may mean that you have to pay to have an access road built for you, which should be included in the cost of the purchase.
My co brother had purchased a piece of land in magadi road, bangalore. I do have the
original documents with me. It appears it is mis-appropriated. Can I get an encumbrance certificate to move further on this issue?
wow, that’s a great article on EC.
thanks a lot
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nice blog, I think im gonna ry and start my own after reading this.
I did it manually before.. thanks a lot.
hi sir, I am Ravi, employed in Indian Air Force. I am purchasing a plot at Patna with agreement. so, i am taking loan from AFGIS, where NEC required. I have agreement with land owner, but, he is unable to give NEC. He told that NEC will be collected by AFGIS from your Bank (salery).
so sir pls guide me, how to get the NEC thanx…….
Hello Rakesh,
I have been following your explanation about RTC and EC, it appears to be clear for anyone buying or selling the property.
I have few questions about buying a property, I have recently seen some docs related to a property i.e RTC and EC.
My question is when there is a change of ownership shown in RTC whereas the same owner shown in EC for a property, now which one should we consider it as correct?
Another question at village level when there is no conversion when a buyer buys from a seller, which is a partial (not full) of his/her property, then the Katha / RTC would show the seller as owner and not the buyer. But, as it was registered with the registrar the EC would show the buyer as the new owner. So, as per documents what should be the procedure to have the same owner name shown in both the places ?
Appreciate your valuable answers in this regard. Thanks
This Article is very good and can be used by all for informational purpose.
Just one input is required on whats the difference in the EC and RTC for appartments that are resold .
Congradulations – Its a good social service. Public should utilize by taking advises before deciding the purchase of land or plots.
All da best.
Really a good info, however what hold will the encumbrance certificate have while property buying? Please tell us in little depth.
Good post. But, please write little more about the encumbrance certificate role played while purchasing property.
” Encumbrance Certificate” to buy an apartment from owner/Seller who purchased the apartment from the builder, is mandatory or not?
I want to obtain encumbrance certificate for my BDA site for the purpose of geting khatha made. I would like to know from someone, is it possible to receive EC by post. Is this option available?.
Hello Sir,
I am living in a place along with my family for the past more than 50 to 60 years. my grandfather, my father and my self were born and broughtup in the same house where we stay now. now my grandfather and father are no more they passed away. my fore fathers did not maintain any kind of documents for the house. now i am staying in the same house with my family. i dont have any kind of document for the house, so how to get the documents done, please can someone help what is the procedure where and whom to contact.