Encumbrance Certificate

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Encumbrance Certificate

Encumbrance Certificate


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Frequently asked Questions

Encumbrance certificate shortly called as EC is one of the most important documents to validate the title of a property. Encumbrance Certificate record assures that the property is free from any legal or monetary dues such as uncleared loans or mortgages and thus an individual procures this document as an evidence of free title and ownership. In this article, we look at the procedure for obtaining Karnataka encumbrance certificate in detail.

  • Encumbrance certificate is a vital document for buying any land or property in India as it is an evidence of ownership title. Hence transferring of property requires an EC.
  •  Apart from property purchase, Encumbrance certificate must be furnished when applying for a loan against the property in any banks or financial institutions as it confirms that the property is free from any legal liabilities.
  •  EC is an important document to get mutation of property (Khata Registration / Khata Transfer / Patta) done.
  • This certificate must be provided to the Village / Panchayat Officer to update the land tax records if the property or land tax is not paid for more than three years.
  • The encumbrance certificate is an essential document to withdraw PF for a property purchase or house construction.
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  • An encumbrance certificate records the following property-related details.
  •  The certificate holds the name of the property owner
  •  The Certificate usually pertains to a specific period and transactions related to a property relevant to that period alone will be considered.
  • Those transactions and documents that have been registered with the office alone will be reflected in the Encumbrance Certificate.

Note: Transactions recorded at the sub-registrar’s office exclude documents such as short-term lease deeds and testamentary documents as those are not necessary to be registered under the law.

  •  The transactions recorded with the sub-registrar’s office records may be; sale deed, sale agreement, partition deed, release deed, gift deed, settlement deed, mortgage deed, mortgage discharge receipt, court attachment orders
  • The transactions details will be listed in chronological order for the specified period.
  • The certificate will highlight the date and details of the transactions, volume number, book number, document numbers, and names of the parties to the transaction.
  •  This document provides complete description of the property as provided in the Sale Deeds
  •   If a land is purchased on a loan then this certificate will contain details about the mortgage.

If no transactions have taken place within the specified period a Nil Encumbrance Certificate (NEC), i.e. an encumbrance certificate with no details of transaction is issued.