Buying and Selling of property requires a confirmation that it is free from any monetary liability. Also, if there are any legal complications associated with it. One of the most important documents for all such queries is the encumbrance certificate or EC (abbreviated). In this article, you will find a complete walkthrough of what is encumbrance certificate? How to get an encumbrance certificate both online and offline? And all the associated terms with it.
How To Apply For A Certificate?
In this article
This facility is mostly offline for states in India. However, some states like Andhra Pradesh, Odisha, Kerala, Puducherry, Tamil Nadu, and Telangana are providing them online.
i. For Online Encumbrance Certificate For Telangana Visit
https://registration.telangana.gov.in/ec.htm
ii. For online encumbrance certificate for Tamil Nadu visit
http://ecview.tnreginet.net/ecviewdownload.asp
iii. For online encumbrance certificate for Puducherry visit
iv. For online encumbrance certificate for Kerala visit
http://keralaregistration.gov.in/pearlpublic/
v. For online encumbrance certificate for Andhra Pradesh visit
http://registration.ap.gov.in/APCARDECClient/
vi. For online encumbrance certificate for Odisha visit
https://www.igrodisha.gov.in/Admin/Login/NEW/NewUser.aspx
Process Of Getting The Certificate Through Offline Mode
1. Visit the Sub-Registrar’s Office (depending upon the jurisdiction in which property is located.).
2. Submit the duly filled Form 22 at the SRO. Here, You are needed to enter information such as the seller and buyer’s names, estate details, the type of papers you are proposing for (in this case, EC), etc.
3. Pay the required fee usually lies in the range of 200- 600 depending upon the state at the counter.
4. Once your application is successfully accepted, you will receive a reference number. You can utilize this number to track the status of the application online at the registration office.
General Procedure Through The Online Mode For The Above-Mentioned States
1. Visit The Official Website
2. Download The Form And Fill Details
3. Submit Form And Pay Fee
4. Verification Processed
5. Receive Updates
What Is A Encumbrance Certificate?
An encumbrance certificate is a legal certificate that certifies whether or not a particular property/ residence is free from all legal and monetary ( financial) burdens. It marks the property title is clear and marketable; i.e., it is clear for future transactions.
Encumbrance is basically a liability which is generated on the property, which is clenched as collateral against the debt that has been taken and not cleared yet, especially from banks. It also demonstrates the current owner and the history of owners that had the property since it was established. Once you get this certificate in the owner’s name, then it means you are dealing with a genuine seller of the property.
Importance Of The Certificate
i. While deciding to buy a property:- It clarifies whether you are dealing with a real owner or a fake one. It also certifies that there are no pending loans against it.
ii. While applying for the home loan on the property:- All banks have the policy to ask for an encumbrance certificate before providing a loan.
iii. For withdrawal of provident funds to buy a home:- Your employer asks for EC if you are asking withdrawal for an upfront payment to the property or house construction.
iv. For selling the property to the buyers:-
- The seller has to get the documents from the govt. To show it to prospective buyers.
v. To mutation of the property documents submitted.
What Is A Nil-Encumbrance Certificate?
A nil-encumbrance certificate is handed out by the sub-registrar’s office (SRO) for an estate that has not observed any transaction in the duration for which the applicant has asked an encumbrance certificate. A nil-encumbrance certificate is published in Form 16.
Documents Required
The sub-registrar office in whose jurisdiction the property stands issues the encumbrance certificate for it. Basically, this is the office where the property was enlisted at the purchase by the recent and last owners.
The applicant has to provide documents of :
- Copy of his address proof
- Details of the property for which he is seeking the EC
- An application with his/her signatures.
- A copy of the sale deed if it has been created
FAQs
1. What facts and components indicated in the encumbrance certificate?
An encumbrance certificate issued by the sub-registrar’s office has all the relevant information of the property ranging from its owner, its transfer of ownership, mortgages by banks, etc. It contains information about the past 30 years or so.
2. How much time does it take to get an encumbrance certificate after submission of the form?
While it might take about 15 to 30 days to get an EC offline, the document is granted within 6 to 7 days in states where the certificate is handed out online. In the North India region, it takes at least 21 days to obtain an EC offline from the SRO office.
3. Can owners of the property apply an encumbrance certificate for their property? If yes, then how?
Yes, definitely, the owners can apply for the certification. He/she would have to follow the same procedure as mentioned above, citing the reason in the application format. Also, while filling the form, you have to make the necessary changes.
4. What does it actually charge to get an encumbrance certificate?
Only a nominal fee varying from state to state and lies between Rs 200 and Rs 500 .it has to be paid by an applicant to get an EC. Charges might, however, may change depending on the interval for which you are exploring the information.
5. What does it actually charge to get an encumbrance certificate?
Only a nominal fee varying from state to state and lies between Rs 200 and Rs 500 .it has to be paid by an applicant to get an EC. Charges might, however, may change depending on the interval for which you are exploring the information.
6. Is EC enough to guarantee that the property is free from any legal issues?
While an EC is an important paper that enables buyers to get the details they want regarding a property’s legal/financial position, a buyer must be conscious that not all the details and change of hand of a property might be reported in government records. This is to say, and the government will be able to furnish through EC only that information obtained from the owner by way of registration. If a transaction is not executed personally without proper registration, the EC granted by the Sub-Registrar’s Office would obviously not reflect that details.
7. Do I require EC for the plot or a Flat purchase?
Yes, a buyer should look for the encumbrance certificate, whether he is purchasing a plot of a residential building such as a flat, apartment, etc. or wanting to own a flat/villa in the same.
Final Talk
With the rising population and the widening gap between the rich and poor, differential employment opportunities have led to individuals stooping to practice wrong practices. This has caused fraud in society regarding the property. So, It takes more than the usual consciousness to get your money invested. Carefully looking into the encumbrance certificate will provide you with substantial information about the past owner and financial mortgage, if any, to get you assurance if you are dealing with the rightful owner. With the shift of these services online, a clear processing and corruption less system, we should always avail of such services.
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