Hi all, Is the Registrar office centralized and capture if the same property is sold twice to two different persons at two different sub-registrar offices within a city?
Encumbrance certificate is a proof that the property in question does not have any monetary and legal liabilities. This certificate contains details of any transaction on the property. It points out any liabilities in the form of a mortgage or loan against the property that has not been cleared.
Right Cherylkaner, It is important for buyers to get this certificate if they are planning to buy the property, take out a home loan for it or take a loan against it. In all cases, governmental authorities will insist on a 13-30 years encumbrance certificate.
Encumbrances Certificate ( EC) is an report of transactions that are taken place on a property at the sub registrar s office during the dates that are specified in the EC application form ( Form no.22 ).
Set of registered documents provided by seller should match with the transaction details that are on EC.
Please note : If an applicant has applied to given a report only on a specific transaction then EC will have only the transaction details that are requested for though their might be other transactions taken place.
Hence it is allways advised for the buyers not to rely on the EC provided by the seller or seller s agent and obtain a EC on their own specifically by mentioning " ALL TRANSACTIONS REQUIRED " on EC application form ( Form 22 )
Remember, While an EC may give the details of the encumbrance on a property, there are certain documents that are exempt from being registered at the sub-registrars office. As such, these will not appear in the EC. Hence, it is advised that the buyer obtains both the EC and possession certificate as a proof of complete ownership of the property.
Hello Rituraj, The encumbrance certificate is issued in Form No. 15 and 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, then form No. 15 will be issued. The certificate in form 15 reveals the documents registered with respect to the property, nature of the encumbrance such as gift, partition, lease and mortgage, the parties involved, the registered number of the document and other details in a date-wise manner.
Hello Vinu, 1) First and foremost, download the Form 22. Affix it with Rs. 2 non-judicial stamp and address to the Tahsildar, giving an attested copy of your residential address and the purpose for which the certificate is required.
2) Provide the details of ownership such as correct survey number and place where the property is situated. It is very important that the period and full description of the property are mentioned clearly in the application.
3) The requisite fee needs to be paid. The fee is to be paid according to the period of encumbrance. The encumbrance year commences from April 1st of a calendar and closes on March 31st, of the next calendar year.
4) The application should be submitted to the jurisdictional sub-registrar's office, under which the property is registered.
The EC for property can be obtained from the sub-registrar's office where the particular property has been registered.
Thanks Sujan, What is the importance of Encumbrance Certificate? Will it help in applying home loan? Why financial institutions and govt. authorities demand for the EC?
Well Vinu, As i know, it is important for those who is obtaining a loan against property or when one wants to sell or buy a property. An encumbrance certificate contains all the transactions registered relating to a particular property for a certain period (as required). These details also consist any claims or encumbrance on the property.
Government authorities and financial institutions like banks usually demand 10-15 years of encumbrance. However, you can also ask for up to 30 years encumbrance certificate to be checked.
Hi Arup, The encumbrance certificate is a mandatory document used in property transactions as an evidence of free title/ownership. And encumbrance certificate (EC) ensures that there is a complete ownership of the property without any monetary or legal liability.