Encumbrance Certificate: Types, Relevance, And Requirement

Regarding the Encumbrance Certificate, every conceivable detail is covered in this article.

An Encumbrance Certificate, often known as an EC, is an important document that acts as certification of the free title and ownership of a piece of real estate. To verify that the property does not have any monetary or legal issues, the document is required whenever a house or other piece of real estate is bought or sold, as well as whenever a person applies for a home loan or a loan secured by the property.

An encumbrance certificate is a crucial document that is required when you are buying a property. The encumbrance certificate is the same document you need with your pan card, a title deed, sale deed, passport, tax returns, society address proof, allotment letter, and more. This article will tell you how to apply for one and what documents you need.

If you’re on the market for a new house, you’ve undoubtedly already been familiar with the term “Encumbrance Certificate (EC)”. While compiling the essential documentation for the significant acquisition, it is imperative that an Encumbrance Certificate for the specific property not be overlooked.

In the article, you can find some further information!

Application Process

The application process for the Encumbrance Certificate is different from state to state. You can get an EC online or at the Sub-Registrar’s office. The validity of an EC is usually between 13 and 30 years. To obtain an EC online, all you have to do is fill out a short online form. Once completed, you will receive your certificate in a few days.

However, you must be aware that the turnaround time for ECs will vary depending on the state you’re in.

To apply for an EC online, you need to visit the state government’s website. You’ll be asked to enter your EC information and your signature. The process will take about two to three working days. When the EC is ready, you can print it out. This document must include all the details of your property, the title deed, and date and book numbers. It’s also important that you sign your name properly.

You should also check your property’s encumbrance certificate. A certified copy of an EC is necessary for property sales and home loans. It can be tricky to find this information, but you can search online and find out what your EC says. You can also get an EC in your name by completing a search on a property’s encumbrance history. Just keep an eye on it, and you’ll be on the safe side.

Before completing the application process, ensure you have all the information required for the document. Sometimes, you’ll need a copy of your birth certificate or ration card. If you’re unsure whether or not you’ve done all of these things, you should visit the Sub-Registrar’s office. Then, fill out the form and submit it. You’ll be given an acknowledgement number. This number helps keep track of the progress of your application.

Fees Involved

Before applying for an EC, it is essential to have an accurate residential address. You will need to include the complete residential address, the exact location, and other pertinent details about the property.

You should also include the survey number and other relevant details. Additionally, you should be prepared to pay a fee dependent on the duration of the certificate. The EC process takes approximately 15 to 30 days but can vary depending on the time period. Generally, the fee for ECs is Rs. 200.

In most cases, an EC cannot be obtained online, so it is necessary to visit the local sub-registrar’s office to apply for the certificate. You will need to fill out and submit a

completed Form 22 and pay a fee that varies according to the length of time you wish to obtain the EC. In some states, however, online EC applications are available, but you should double-check these requirements.

The application must include the full details of the property and be submitted to the jurisdictional sub-registrar’s office. A fee is charged on a per-year basis. Once submitted, the sub-registrar conducts a detailed inquiry on the property. If no charges are found, the applicant receives a Form No. 15 or 16. If the encumbrance certificate is valid, the tahsildar will request a report from the Patwari.

Processing Time

The processing time for the Encumbrance Certificate is different in different states. The processing time may take between 15 to 30 days in the Sub-Registrar’s office, while the online application may take just three to four working days. Once approved, the EC can be downloaded from the state website. This certificate will serve as the owner’s legal proof of ownership. The certificate must be filled out completely, with the property’s residential address, location, description, survey number, and measurements.

The IGRS portal offers a search facility for obtaining an EC. Select ‘Pramaann ptr praapti’ and fill in the required information. Once your information is verified, you’ll be able to request a copy of the EC. The encumbrance certificate is important in case you need to sell your property or apply for a home loan. This certificate is definitive proof that your property is free from burdens.

The EC contains details of the previous owners of the property. But it doesn’t include transactions that took place before the desired period. In addition, it will only include transactions that happened within the period you requested. Therefore, you should know whether any pending litigation has occurred on the property. To avoid unnecessary delays and expenses, you can opt for an online encumbrance certificate service.

Instructions For Obtaining An Online Property Encumbrance Certificate via Internet

An Encumbrance Certificate may be obtained by individuals from the Sub-office Registrar’s office at the location where the property was first registered. An Encumbrance Certificate may be obtained online for residents of several states, including Andhra Pradesh, Gujarat, Karnataka, Kerala, Odisha, Puducherry, Tamil Nadu, and Telangana. Other states that provide this service include Karnataka and Tamil Nadu.

The official websites of these states provide EC extracts in a computerised format that anybody may obtain. In certain areas, persons are required to receive a handwritten certificate to determine the real situation of the encumbrances on a piece of property.

Send an application for an EC to the Registration Office using Form 22, together with an attested copy of proof of residence, details on any properties you own, and the fee for getting the certificate.
During the allotted amount of time, the officer will search the indexes for the information they contain.
An EC will be granted for the period if any transaction history falls within that time frame. If there were no transactions within the time, a Nil Encumbrance Certificate, also known as an NEC, would be issued.
In most cases, the EC is issued within 15 to 30 days of the application being submitted.
The annexures to the rules associated with each state’s Registrations Act include a listing of the forms required for EC applications and certifications. Form No. 22 is generally used for submitting an application, Form No. 15 is used for issuing an EC, and Form No. 16 is used for issuing a NEC when the applicable state rules are followed.
Remember that the EC will only show transactions and papers registered with the Registrar’s office. Thank you for your cooperation in this matter.

Certificates of Occupancy and Completion of Construction

It is necessary to have either a Completion Certificate (CC) or an Occupancy Certificate (OC) to distinguish an EC (OC).

The municipality grants a certificate of occupancy (CC) to a builder or developer after the construction of a building has been completed in compliance with the building plan and any other restrictions. Following the acquisition of a CC, the local municipal authorities will issue either an Occupancy Certificate (OC) or a Possession Certificate (PC) as a statement indicating that they have no objections to the occupants occupying the building.

As a consequence, if you are interested in purchasing a property, you need to ensure that the builder or developer has a CC and OC before making your purchase.

When it comes to timing, how long does it take to issue an encumbrance certificate?

As was said before, the process that must be followed to receive an EC differs depending on the area. If you apply for an EC in person at a Registrar’s Sub-Office, the certificate will be granted to you anywhere between 15 and 30 days after your application.

On the other hand, submitting your request for an EC online will result in a faster processing time. The processing time for online applications is generally between two and three business days.

What Does It Mean Precisely When A Certificate Is Encumbered?

The word “encumbrance” is used to describe any claims, financial or otherwise, that have been placed on a piece of property by parties other than the owner of the property’s title.

Even while the term “encumbrance” is most often used in real estate transactions, it may refer to any charge on any asset. An Encumbrance Certificate, sometimes abbreviated as an EC, is a document that serves as proof that the piece of real estate in question does not have any financial or legal obligations attached to it, such as a mortgage or an outstanding debt.

An Encumbrance Certificate that covers a certain period provides a record of all registered transactions affecting the property during the covered time. These transactions may take place at any point throughout the covered time. An Encumbrance Certificate may be obtained for a property by an individual for up to 30 years.

Please keep in mind that if you request an EC for a certain period, the information you get will only pertain to that period. The entries in the register held by the sub-registrar will be used to extract the needed information.
A home buyer is required to acquire an EC not only to secure his legal title to the property but also to be eligible for loans from the majority of banks and financial organisations for or against the property. This is because an EC is a public record that other parties can verify.

Reasons Behind The Need For An Encumbrance Certificate

The importance of an Encumbrance Certificate may be better understood by considering the following components:

The purchase of a house represents a significant financial commitment; as a result, prospective buyers should investigate any encumbrances that could come with the ownership of the property. The acquisition of an “Encumbrance Certificate” for a piece of real estate provides a buyer with the peace of mind that the asset in question is unencumbered by any financial or non-financial obligations, such as liens, existing debts, or leases.
Buyers must acquire the document not only to safeguard the legal title of the property but also to ensure that the purchaser will be authorised for the loan. This is because the document is also presented during the application process for a loan against property and a home loan.
The paperwork is submitted to have the property altered (Khata Registration / Khata Transfer / Patta), which is another scenario in which the Encumbrance Certificate could be required.
If a property or land tax has not been paid for more than three years, a certificate requesting that the land tax records be amended is issued to the Village / Panchayat Officer.
To withdraw PF money to use toward the purchase or construction of a home

FAQs

Q: Which Varieties of Encumbrance Certificates Are There to Choose From?

A: Form 15 and 16 are typically the two forms used for issuing Encumbrance Certificates.

Form 15: If the property is encumbered within the allotted time, the “Form 15” document will be produced. In it, you’ll find details such as the kind of encumbrance, which might be a gift, a partition, a lease, or a loan; the names of the parties involved; the registration number of the document; and more information on a certain date.

Form 16: A “Form 16” or “Nil Encumbrance Certificate (NEC)” is issued when there is no encumbrance placed on the property within the time that has been selected.

Note that although an Encumbrance Certificate details all transactions that have occurred to a property, this alone may not be enough to prove ownership of the property. Consequently, buyers are required to get, in addition to an EC, a Possession Certificate.

Q: What Is It About EC That Sets It Apart From EC, CC, And OC?

A: The purchase of a home is a stressful endeavour, and the enormous amount of legal documentation may confuse purchasers. The differentiation between EC, CC, and OC is the source of the most frequent misunderstanding.

Consider the following to get an understanding of the primary differences that exist between the three:

Encumbrance Certificate (EC): A legal document that verifies that a piece of real estate does not have any monetary or legal obligations attached to it.
Completion Certificate (CC): This is a legal document provided after the building has been completed in compliance with the construction design and other standards.
Occupancy Certificate (OC): A legal document stating that the building may now be accessed once it has been granted permission to do so. After obtaining the CC, it will then be issued.

Q: When Is It Necessary To Get An Encumbrance Certificate?

A: The following instances often call for the presentation of an encumbrance certificate:

When buying a home, you will need to get a non-encumbrance certificate to ensure that you are dealing with the right person and that the property in question is free and clear of any delinquent loans or other obligations.

When you apply to a bank for a mortgage loan to purchase a property, the bank will often request an encumbrance certificate before deciding whether or not to approve your application.

Your company will submit a request for the EC if you use money from your provident fund to pay for a down payment on a house.

Property mutation requires the use of EC. After acquiring a piece of real estate, the owner is obligated to get the ownership transfer documented in the official records via the process of property mutation.

When selling a home, the person selling the property is the one who is responsible for obtaining the necessary documents from the relevant government agencies and presenting them to the buyer.

Q: To Obtain an Encumbrance Certificate, What Do I Need to Have?

A: When filing for an Encumbrance Certificate, you could be required to provide the following documents:

Verification of the applicant’s address is required.

Documentation about property registration

Details about the home and the title deed to the property

Declaration of release If an earlier deed has been completed, it will be superseded by the property sale deed, the gift deed, or the division deed.

The signature of the applicant, in addition to the date of registration, the book number, and the deed number provided at the time of registration.

Q: What you will learn when entering the EC?

A: In a significant case, the High Court of Karnataka made the insightful observation that “an Encumbrance Certificate related to an immovable property issued by the Registration Office is not only of encumbrances but of all actions and encumbrances affecting such property.”

This was because the certificate includes information on all actions and encumbrances that impact the property.