An Encumbrance Certificate is an important document that secures your legal title on the property. People are not aware of the Encumbrance certificate (EC). If you are one of them, let’s go through article explaining about – What is Encumbrance Certificate? & How to get Encumbrance Certificate Copy?
When you are buying a house, flat or land, it is important to verify that property is free from any monetary and legal dues. EC helps you to identify that.
What is Encumbrance Certificate of Property?
The encumbrance certificate is a document that proves that the title of a property is clear and marketable. It also shows if there are any dues on a property with respect to mortgage and legal. It contains a list of transactions taken place on the property for the said period. Encumbrance is charge, liability, lien created on the property. It is created at the time of putting the property as security against a loan or not clearing debt or dues on time.
Most of the bank verify this certificate before giving home loan. This document can be obtained from the sub registrar’s office where the property is registered. Few states also provide a facility for getting this certificate online.
The EC is important while applying for a home loan or getting a loan against property. This document is also required while selling a document. The bank usually asks for 10-15 years EC. However, when you are buying a property it is advisable to check for EC up to 30 years and above.
Also Read – RERA Rules – Before buying any property
What is not covered under EC certificate?
EC certificate does not contain all transactions on the property. This means you need to verify other documents such as sales deed, RR receipt, Index copy and other documents apart from EC certificate. This certificate only displays transactions that are registered with sub-registrar office. The following records deals will not appear in EC.
- Any loans taken privately by the property owner from other individuals by doing agreement and keeping property papers with lender will not appear in EC.
- If a property owner has mortgaged the property with the bank for taking loan and mortgage deed is not registered with sub-registrar you will not find this information in EC.
- EC is always issued for the specific period. This means transactions that is not part of the specified period is not appear in EC.
How to get Encumbrance Certificate Copy – Offline?
The EC certificate copy can be obtained from sub registrar’s office where property is registered. You will get registration detail of property from sales deed. The procedure is given below.
- Apply for EC copy request at registrar office in specific format. This form is also known as Form 22. You can obtain this certificate from property registration sites of respective sites.
- This application needs to be accompanied with stamp paper, attested copy of address proof, purpose for applying EC and other property details.
- Along with application you need to pay required fees.
- Once application is submitted at sub registrar office, inspector will inspect all transartictions that has taken placed on the property for the specified period.
- The process usually takes 15-30 days. Form 15 is issued with all transaction details. Suppose no transaction detail is found than EC issued with Form 16 (NIL Transactions).
- The certificate issued here is in regional language. On special request you can get certificate in English language. You need to pay fees for the translation.
How to get EC Copy Online?
The facility of getting Encumbrance certificate online is available only in few states such as Kerala, Karnataka, Tamilnadu.
The process of applying EC online is very simple. You need to login to website of respective states and apply online. Let’s take example of “Government of Kerala”.
Login to http://keralaregistration.gov.in/pearlpublic/index.php and click on Certificate >> Encumbrance certificate >> Submit Application for EC. The application form will open for applying EC. You need to fill up details such as district, sub-registrar office, property details and search period.
You also need to provide certificate language and mode of payment. The system will calculate fees automatically. You need to enter the purpose of applying for a certificate.
Once all details are filled enter the captcha code and click on submit the application.
Your application will be processed and a certificate will be issued.
