Buying a property (home/plot/land) is one of the most important decisions that you will ever make. Buying a property involves a lot of money and it is a serious money decision. It is an emotional one too!
Whether you are a first-time property buyer or an experienced owner, buying a real estate property in India is not an easy task. It requires lot of homework from your side and you need to verify lot of property documents.
One of the important documents that you need to apply and verify is an Encumbrance Certificate or popularly known as the EC. An encumbrance certificate is important not only while buying a property but also when you are applying for a home loan or going in for a loan against the property.
In this post, let us understand – What is EC (Encumbrance Certificate)? What are the important points that you need to verify in an EC? What are the charges or fees to apply for EC? ….
What is an Encumbrance Certificate?
Let us first understand, what is ENCUMBRANCE? – The dictionary meaning of the word encumbrance is, ‘a claim on property or assets’ or ‘a mortgage’. An encumbrance is a legal claim on a property that affects the owner’s ability to transfer the ownership of the property. Encumbrance means whether the properties have any lien on them, whether attached by the court, whether mortgaged or sold etc. by the owner of the said properties.
An encumbrance certificate is evidence that the property in question is free from any monetary and legal liabilities. An encumbrance certificate contains details of all transactions done on the specific property.
For example – If the property in question has a home loan on it then you can find this information when you take EC. If the current owner has acquired the property through a Gift Deed, you can verify these details in EC.
Encumbrance Certificate can be obtained from the sub-registrar’s office where the deed has been registered. (In some of the States an EC can be obtained online too.)
How to apply for EC? What are the charges/fees to get EC? What are Form 22, Form 15 & Form 16?
How to get EC offline?
- To obtain EC, you need to submit Form No. 22 (application for EC).
- You have to affix Rs 2 non-judicial stamp on the application.
- You need to provide complete residential address and the purpose for which the certificate is required.
- You have to provide the survey number and place where the property is located. It is important to also mention the period (how many years you want EC for?), full description of the property, measurements and boundaries of the property. (If you are applying for a home loan then your lender may need EC statement for 10 to 15 years.)
- Enclose copies of your ID proof and residential address proof.
- Submit the forms to the concerned officer at the SRO (Sub-Registrar Office).
- You have to pay the required fees. The fee for EC is based on the number of years for which you would like to get the EC for. Kindly note that a fraction of a year is also considered to be a complete year. (EC is issued from the beginning of a Financial Year i.e, 1st of April)
- The fee can vary from State to State. Generally it is very nominal. The ‘search fee’ for 1st year can be in the range of Rs 15 to Rs 50 and for every additional year there can be fee in the range of Rs 5 to Rs 10 (approx).
- In some states like Andhra Pradesh, you can download the Encumbrance certificate free of cost online. But it is issued as a report for information purposes and not as a signed certificate. However, you can find all the required details even in online copy too. (Click here to visit AP Registration Dept’s website and search for e-Encumbrance Statement online).
- Barring a few states, encumbrance certificates in India are mostly issued physically. States that issue encumbrance certificates online are Andhra Pradesh, Odisha, Kerala, Puducherry, Tamil Nadu and Telangana.
- The time taken to get EC statement is around 10 to 30 days.
Personally, I have observed that in most of the property deals, it is either the financial institution or a real estate agent or an agent at SRO who applies for an EC. Most of the times, the agents charge EXTRA amount to get the EC for you in 24 hours 🙂 .
What are Form No. 15 & Form No.16?
When you apply for EC, it is issued either as Form 15 or Form 16.
Form No. 15 – EC on Form No 15 has details regarding sale, lease, mortgage (home loan), gift, partition, release etc that have been registered with the Registration department for any particular period for which the encumbrance certificate is sought. (You can find the form number on top of the EC certificate.)
Below is a sample Form 15 issued to me by the SRO of Bommanahalli, Bengaluru, Karnataka. Kindly click on the image to enlarge it.
Form No.16 – EC on Form 16 signifies that no transactions have been recorded on the property for the period for which the EC is issued. Form 16 is also referred to as ‘Nil Encumbrance Certificate’ (or) certificate of Nil Encumbrance.
Important details in EC statement
I have downloaded an online EC statement for one of my properties located in Andhra Pradesh. This property has been gifted to me by my Grandmother. Here, you can notice that the ‘Gift deed’ transaction details have been captured and recorded in EC.
Once you get the EC for the property, it is advisable to cross-check or verify some of the important details as below. Kindly note that EC format can vary from State to State, but the basic details may remain the same. (You may click on the image to open it in a new browser window.)
- You can get to know who has applied for the EC statement. If you have applied for it, you will find your name here.
- The property details that you have provided in the Form 22 (EC application form) will be mentioned here.
- You can notice the number of years for which the EC has been sought. I have searched for the encumbrances for the last 33 years.
- EC will give you the complete property description as recorded in the Sale Deeds which are registered and recorded in the books of Sub-Registrar office.
- You can get to know how many transactions have been done on the said property. The transactions are listed in a chronological order (date-wise). In this example, there were two transactions done. (R, E & P stand for Registration Date, Executed on, Presented on respectively)
- In 1984, my grandmother bought this plot. In 2007, she has executed Gift Deed in my name. Like wise, if you are buying a property which has home loan on it (home loan taken by current owner), you can find ‘mortgage’ details instead of ‘gift settlement’ in this column. Another example can be – let’s say if partners of a firm mutually purchased the property and one of the partner wants to release his share from the property then in that case, Release Deed can be executed and registered. In this case, you can find ‘Release Deed’ details in EC.
- You can find the name(s) of the buyer and the seller (E – Executor/Seller & C – Claimant/Receiver/Buyer). If the property is a jointly held one, you can find multiple owners.
- If there are multiple transactions done, all of them will be inter-linked in the Registration Dept’s database. For example- the first transaction has a Registered document number as 44/1984 and the same is linked to the second transaction (Gift settlement). So, if you see these kind of links in your EC, you can request for the copies of all Link Documents (including the Mother Deed) from your Seller/Builder. In this way, you can establish the continuity of parent documents with child documents.
Other important points to ponder over
- There is no doubt that EC is an important document. However, we need to be aware of the fact that only the transactions which are recorded in the books of Sub-Registrar office (SRO) get reflected in Encumbrance Certificate. If you take a home loan and your lender does not report the mortgage details to SRO, it won’t be captured in EC. Similarly, any family settlements which are not registered with SRO will not be reflected in EC.
- Besides, EC you may also ask for Possession certificate or Allotment letter from your seller.
- The EC is usually maintained in electronic form for the more recent period and it is usually quicker to obtain EC for the recent years. If the property has very few transactions, it is vital to get EC for much older period and this may involve periods which have manual EC (non-electronic EC).
- Sometimes, the entries in EC might have typo errors / clerical errors. You can inform about these to your prospective Seller and get them corrected before buying the property.
- Do note that EC is a mandatory document when applying for a home loan.
- Advisable to take EC not only when buying a property but also after buying the property, to check if your name has been recorded or not.
- Take EC even before booking your Flat or apartment and not after booking the Flat.
- Personally, I have realized that EC is an important document to get mutation of property done. Mutation is also referred to as Khata Registration / Khata Transfer / Patta. After buying the property, it is very important to get mutation done. (Read : ‘What is Mutation? How to apply for Mutation of Property‘)
- Property purchase can be a very lengthy, risky and complex process. It is wise to consult a local civil lawyer and take legal opinion before registering a property.
Continue reading :
- How to get Property Encumbrance Certificate online in Karnataka?
- Checklist of Important Property Documents in India | Legal Checklist for Property Purchase
- What is Mutation of Property? How to apply for Mutation of Property?
- Khatha Registration & Khatha Transfer in Bangalore
- BDA e-auction : Details & Procedure
(Image courtesy of Stuart Miles at FreeDigitalPhotos.net) (Post published on : 14-October-2016)
Hi Sir,
Could you please let me know what does R.T.D.M receipt in EC mean?
Dear Rahul,
It can be Reconveyance Deed or Receipt ( R.T.D.M ), but I am not 100% sure on this!
“A deed of reconveyance refers to a document that transfers the title of a property to the borrower from the bank or mortgage holder once a mortgage is paid off. “
Hi Sir,
I have a query related to buying an apartment.
we are trying to go for sbi loan but sbi is rejecting the loan due to lack of one will document where the previous owner did not have this document.
Somehow we have managed to get the registration number and date of this will document. Is there a way or consultants to get the will document based on registration number?
Thanks,
Manikanta
Dear Manikanta,
You can request your previous owner (if in contact), to apply for a certified true copy of the said Registered document at the concerned Sub-Registrar office..
sir i have purchased plot for 15lakh rupees in 2016 at that time i mentioned
market value 15lakh
cons value 15lakh
but when i sold it in 2021 they mentioned
market value 15lakh
cons value 32lakh
from hyderabad
how i should pay tax for this sale please help
Dear Nithin,
Sale Consideration – Registered Purchase value = Capital Gains.
What is the Registered Sale value in Sale deed?
Related article : How to save Capital Gains Tax on Sale of Land / House Property?
SIR,
I purchased plot in 2015 ( EX) SRIHARI (CL) ME – CHANDRA MOHAN REDDY BUT IN 2020 ( MR) SRIHARI AND (ME) YADAGIRIGUTTA TEMPLE DEVELOPMENT AUTHORITY IN EC WHAT IS THAT SIR ?
Dear Chandramohan,
I believe that ME & MR stands for Mortgage (loan) Executor and Mortgage Receiver.
Suggest you to consult a civil lawyer immediately in this regard and also check at the concerned Sub-Registrar office in person.
Dear Srikanth reddy,
I am planning to purchase a plot in Hyderabad. The owner of the plot provided me a copy of sale deed. By using the document no in sale deed, i obtained the EC through online. I cheeked the EC certificate but i want to know how to check the owner of the plot have taken a loan or mortgage on the plot
In EC, i only observed the details below
0101
sale deed
Market Valuve
Cons. Value .
Does this mean the owner have not taken any loan on the plot. Where i should look for loan or mortgage details of the plot.
Is checking online EC fine or do u recommend to obtain a EC from register office before buy a plot.
Greatly apricated for your time
Thank you
Sincerely
Govardhan reddy
Dear GOVARDHANNA,
If there is an outstanding loan (lien) on the property then it gets reflected in the EC under the NATURE column.
You can also take a manual EC for the longer period say last 20 years or so.
Kindly do take legal opinion from a civil lawyer.
Related article : Checklist of Important Property Documents in India | Legal Checklist for Property Purchase
What is the meaning or full form of W-B 0-0 in details
AS PER DOCUMENT TOTAL AREA 250SQ YARD BUT EC SHOWING 125SQ YARDS WHICH ONE TAKEN LEGAL SIR
TWO DOCUMENTS BUT NOT MENTIONED TOTAL AREA
Dear Mohankrishna,
What do you mean by – TWO DOCUMENTS BUT NOT MENTIONED TOTAL AREA ??
hello sir iam getting encumberance in form no 16 but i want it in form no 15 pls help me to get it
Dear Bhavani,
After the submitting the EC application, sub-registrar will issue an encumbrance certificate in Form no. 15 with all the transactions in a specified period . Also, if there is no transactions happened, a NIL encumbrance certificate in Form no. 16 will be issued.
So, the date range thats given by you may not have any transactions recorded, you can take the EC for say last 15 or 30 years..
sir iam running a shop customers demand EC in form number 15
what is mean by “montage deed by small farmer mkt value rs 0 cons value rs 50000”?
Dear Krishna,
The owner of the agri land, a small farmer, might have taken an Agri loan ..hence the entry in EC..
Very informative
Hi Sreekanth Reddy,
My name chalapathi, can you guide me on this.
My Grand mother is registered the 2 Acres land out of 8 Acres, since this land is for both brothers (2 sons for my grand mother).
But she is very favor for only 1st SON and given the land to 1st Son Daughter as a Gift land on january 9th 2020.
Since this land is for my Grand Father Father one, its called ‘Pitrajitham’.
Can you guide me how to Stop this and what is the process to move further.
Thank you.
Dear Chalapathi,
In whose name was it originally registered?
I did not understand this – My Grand mother is registered the 2 Acres land out of 8 Acres, ??
Has your grand father left any WILL, mentioning the entire property goes to your grand mother?
Is “Considerations” minus “Market Value” mentioned in EC = Capital gains?
Dear Skand,
Yes.
Sale Consideration – Registered value = Capital Gains.
Related article : How to save Capital Gains Tax on Sale of Land / House Property?
Hi
what is pl and ay in ec?
Dear Sharath..
I think PL means Principal & AY means Attorney ( Agent of Principal)
Hi sir
What is nirvahana jariya dinank? In form 15
Dear Manoj..I am not sure on this. .You may check with any local real estate agent/document writer..
Dear Sreekanth,
what does it stand for (LR) (LE) in EC
Dear Gangadhar,
I think, LR means Land record. LE means Land encumbrance.
Hi Sreekanth,
Thank you for providing information.
I want an EC for a flat in bangalore. Iam trying online. I am not sure what should i enter in property number and type. No matter what I choose flat ir survey no, the result is -“Unable to find property”.. do you have any idea about this? Can you please share detailed example with sample data for flat EC.??
Dear LG,
Do you have any old EC for the said property?
Hi, My late grandfather got land as a gift about 4 acres and divided to 2 sons each 2 acres, and my father hasn’t registered the land yet. Now the land is in on my father name and my father does have the land passbook and if we go to local Meeseva and pull the survey numbers it’s under my father name. So the concern here is my father does not have an encumbrance certificate. So here in this situation, how to get an encumbrance certificate as it was not registered from years ago and the one who gifted the land to my grandfather is not alive. The only proof we have is land passbook and the government records say survey numbers are under my father name. So how to get encumbrance. Thanks
Dear Narayana,
Is this an Agricultural land?
Yes sir
I have same problem of naryana sir my land is agriculture please give solution to that problem
Dear Bhasker,
Kindly visit the concerned Panchayat Office and/or Sub-Registrar office and check if you can apply for EC manually.
Generally, for Agri lands, If any person has a Patta Land registered under his name, then he is the legal owner of that particular land.
Hi Sir, .(MR) and .(ME) ..could you please suggest what they mean..!
Dear Deepak,
I believe that ME & MR stands for Mortgage (loan) Executor and Mortgage Receiver.
Related article :
Checklist of Important Property Documents in India | Legal Checklist for Property Purchase
Hi Sir,
Need your help in evaluating the plot genuineness. I have the EC of the plot & i saw the below Mortgage details.
What exactly is this mean & also if the party has done the Mortgage then the reverse registration is also required ?
But in 2018 someone purchased it & registered on their name.
Is this a non-litigation property. please advise
(R) 26-02-2018 (E) 26-02-2018 (P) 26-02-2018
1.(EX) PASHA
2.(CL) FATIMA
(R) 30-10-2008 (E) 30-10-2008 (P) 30-10-2008
1.(MR)PASHA
2.(ME)SYNDICATE BANK
Dear Syed,
Yes, there should be a Release Deed.
A deed of release is a legal document that releases parties in a deal from previous obligations. It is most commonly used to transfer the title of a real estate property to the homebuyer once the mortgage has been paid in full.
Thank You for your reply.
But i didn’t see the release deed. They have NOC from the bank.
Also, after this they recently sold & did the registration. Now selling to us.
Dear Syed,
Kindly get the documents checked with a trusted civil lawyer..
I am going to buy a property of 100 square.yards in Hyderabad and I am applied for bank loan ,
Here is my doubt who will bear the charges for getting E.c from S.R.O either buyer or seller
Dear Bharat,
Generally its the Buyer..
Related article : Checklist of Important Property Documents in India | Legal Checklist for Property Purchase
Hi sir,
1.my grand father have a land in 1930 of Servey no 439-2.
2.we forgot the registration documents.
3.after no registrations done on that property.
4.but ,my grandfather name is not
Present in that property.
5.we have land tax documents of that property receipts .
Finally,
We don’t know the registration details of that property.
How to get the registration document details.
Dear Sai,
Suggest you to visit the concerned Sub Registrar office and inquire more details on this property.
Sir, I am trying to purchase plot in Hyderabad. But survey number Showing.96/A/4. Some my friend suggested me to don’t buy, plot has some litigation. Kindly suggest me what to do.
Dear Ravi ..Suggest you to kindly consult a local civil lawyer..
Related articles : Checklist of Important Property Documents in India | Legal Checklist for Property Purchase
Dear sir
This is Nagarjuna
1. My grand father has land.
8.31 Ac
2. He buy in the year of 1957
3. He sell 4.Ac in 1983. register documents are clear but in Ec it showing error like total 8.31Ac property showing who have buy in 1983 we have. How to clear those error can you kindly guide.
Thanks and regards
Nagarjuna
what is pl and ay in ec
Dear Navi.. I do not have the required information!
Want to know the difference between manual EC and online EC . Which one is valid .
If i register a property based on sub register EC which is currently provided online. ..later if some one claims that it is my land whose name was not listed in the sun registrar EC .. will be any problem to me .
I have already taken loan from lic for buying this property.
My dad is very much tensed as this is the first property we bought. Kindly advise.
Dear Shakir,
Now a days, online EC is issued for most of the properties.
But, if you want an EC for the last say 30 years for a property then EC can be issued offline.
Kindly note your Lender would have also done due diligence before sanctioning the loan to you..so kindly dont get worried!
Related article : Checklist of Important Property Documents in India | Legal Checklist for Property Purchase
I have the katha number 219 I want to knew the survery
Very nice and informative article. Thanks for sharing very useful information.
Hi Sir, I am planning to close my home loan with HDFC. my flat is located in Hyderabad, i see no mortgage or lien info on the EC. Do i need to do any thing in SRO office after the closure of my loan or just taking no due certificate from bank is sufficient. Please suggest me.
Dear Rajeshwar,
If your home loan is still in active/open status, ideally you should see a ‘mortage lien’ in the name of your Banker.
Kindly take latest EC again after closing the home loan, just to make sure everything is fine.
Yes, kindly do take No dues certificate from your banker and collect all the original Documents from them.
Thank you sir
Hi Sir,
My grand father had 15 acres of land. during his young age his father expired and he had to come with his mother to another village and that property went unattended.
And other villagers are using it.
Can my grand father claim it now?
Dear Jairam,
Do you have any valid documents to prove the ownership title?
Is this Agri land? Do you have patta in your Grand father’s name or in his father’s name?
Hello Sreekanth,
we are having a plot.when we took EC of it and it is showing E beside executant name and the claimant name.like (E)rama and (E) sita there is no CL written on it.Is there any problem.can you suggest us.
Dear Sony,
Probably, the staff at Sub-Registrar office might have done some clerical error.
Let’s not risk or assume, advisable to contact the concerned SRO and check if all is ok.
Hi Sreekanth,
How do i download Encumbrance certificate in online using ECNUMBER ot Transaction Number.
Thank you
Dear Shashi,
It depends on the availability of such facility in respective/concerned State Registration Dept’s portal.
How can we get EC for old survey nos. i.e., say that the land is handed over in 1956. When trying to access in online EC of AP, it is not showing our survey Nos. and instead showing the other survey nos. Please help..
Dear Pavan..You may have to visit the concerned Sub-Registrar office and apply for manual EC.
In mortgage showing only mrkt value, cons value showing as zero. What does that mean. Can you please explain.
Dear Nagaraju,
Cons. Value can be Consideration Value.
For ex : The consideration value can be NIL but stamp duty (fees) has to be paid in Market value/Guidance Value.
Hi Srikanth, I purchased land from real estate company, I did not go for registration personally but I have given all my identification proofs and thumb impression, after the registration is done, my online EC shows my seller as executor and claimant (her representative) is this okay… Or Wil have to face any problems in future
Dear Raj,
Her representative??
Or your representative??
Great informations….. I learned…… thank u sir….. …
I have submitted the EC to bank dated 30.5.2018; For MODT, since 15 days have gone, Bank urges for fresh EC; Again need to wait for 7 days from Registrar; What is my fault in this?
Dear hari ..You need to check with your Banker on this!
Hi Sreekanth,
I bought one of the plots from a layout with survey no 46 and part of survey no 48 in Hyderabad.
We heard that few of the surrounding properties are under court disputes.
How can I get information if my property is under any court issues or not (through EC or anything else)?
Regards,
Abilash
Dear Abilash,
The best source would be to visit the concerned Sub-Registrar office and find out from the staff.
Ay and PL in EC means?
Hi..I am not sure on this..
But, I have noticed these initials in EC against Mortgage Deeds of a property.
Hello Sreekanth
My father,Mother have passed away in the recent past,and I have a sister.I have registered sale deed of plot of land which my father owned.My sister has given me no claim letter quoting the land details on a plain sheet of paper.I have obtained a surviving member certificate from the Tahashildar office which establishes we as legal heir .How do I proceed to transfer the property in my name.
Thanks
Dear Vinayak,
Advisable to get Relinquishment Deed from your Sister to avoid any future litigation.
You can visit the concerned Panchayat/Municipality/Corporation office (Revenue dept) and submit copies of parents’ death certificates, latest EC, copy of Sale deed, legal heir certificate etc., at the civic office and can get your name registered in Govt revenue records.
Kindly read : What is Mutation of Property? How to apply for Mutation of Property?
I would like meaning of DR DE IS DR MEANS DONER DE IS DONEE
Dear Suresh,
It can be DR – Deed Receiver & DE – Deed executor..
exactly how many days it will take for getting an encumberence certificatre after applying
Dear RAJEEV,
Based on my personal experience, if one goes through an agent, can get EC the very same day (but have to pay EXTRA fee).
Else, can get the EC within 3 to 7 days.
We purchased a flat in an E Auction from PNB chennai, by the year 2015 at ayanavaram.
Now we decided to sell. When we purchase, the property had civil court attachment, borrower availed cash loan from a financier, its a money suit.
The bank mortgage is prior to the Civil court attachment.
During registration, the sub registrar informed us, the attachment shall be removed or to get a court order.
We approached the bank and bank filed mandamus writ petition at HC and got the court judgement, to get the register the property in our name.
We got registered by 2016, and rented the property.
Until now no notice from the unsecured creditor. But the attachment still reflects in EC, not removed.
our doubts are,
1. Whether our property free from all encumbrance.
Our advocate Mr. M.L. Ganesh (Bank Advocate) informed before and now, no issue on the property title. Since the lender is an unsecured creditor. There were four properties from the same borrower, the unsecured creditor attached to all four properties dividing the total amount.
2. If we are selling whether the purchaser can go for a bank loan. This also confirmed by Mr. MLG possible.
3. whether we can register the property since the attachment still prevails.
Now a party is ready to purchase the flat, he may go to apply for bank loan.
We don’t want any problem to the purchaser and the real estate agent.
We need your opinion.
Dear raghunathan,
Is the latest EC reflects your name as the current Title owner of the property?
If so, your lawyer can be correct.
If the prospective buyer is going for a loan then his/her Lender/Banker will also do the due-diligence (especially on the Title of the property). So, you can get to know about the issues (if any) during that time as well (from buyer’s banker).
Related article : How to save Capital Gains Tax on Sale of Land / House Property?
Hoe to remove an entry on EC? I rented my flat to a bank in 2011, and the lease agreement was registered in the registrar office. Now I want to sell the flat, the buyer obtained an EC and it shows an entry that I owe that bank an amount of 3Lacs (which seems to add up to Rs.25,000 rent for 12 months) though the security deposit was 2Lacs. When they vacated the flat in 2014, I returned the security deposit. How to remove this entry on EC? I am told I should get a discharge deed from the bank. What do I do once I get this discharge deed?
Dear Murali,
As the ‘Lease agreement’ was registered in Sub-Registrar office, you now need to get ‘Discharge deed’ executed and registered, so that your property can become a free-hold one again.
After executing this deed, you can take EC again..
Hi Srikanth,
MR and ME in EC stands for?
Dear Vijay,
I believe that ME & MR stands for Mortgage Executor and Mortgage Receiver.
Related article :
Checklist of Important Property Documents in India | Legal Checklist for Property Purchase
I have got my flat registered. In the encumbrance I noticed that one of the agpa name as executioner is missing. This is data entry mistake in sros office. We have not yet collected the deed. This could be checked online. What is tobedone
Dear Lakshmi ..You may for rectification of Deed, for this all the parties (sellers) have to again visit the Sub registrar office and all of them have to sign the rectification deed.
Hi Sreekanth,
This is srikanth from AP, recently 2 months back i have purchased the land of 2.10 acres, as per audngal 2 acres on one survey number and 10 cents on another survey number.
at the time of registration, document writer did mistake as below,
in the place 2 acres survey number he has put the 10 cents survey number and in the place of 10 cents survey number he has put the 2 acres survey number. we have not observed this mistake and completed the registration.
when i went to apply pass book VRA/VRO they asked me to do modifications as per audangal in registration document.
i went register office for modifications, registerer told seller people also should be present for modifications because they have to sign again on modification registration document.
but seller people are not ready to come to sign on modification documents.
in this case what need to be done, can you please guide me or give suggestion to me.
Thanks,
Dear Srikanth,
Yes, the seller has to come & sign the RECTIFICATION DEED.
Can this be a pre-planned work?
One option can be – File a Declaration suit at your local civil court court will give direction to the subregistrar to rectify the document or court will give you declaration order.
You may kindly go through below links, can be useful ;
Link – 1
Link – 2
Dear Srikanth,
We have evidences for land like Registration copy(original) of Rs.100/-. In Registration copy sellers clearly mention my grand father name, that they r selling land to my grand father for RS.2000/- in 1985.
But the land is using by sellers at present. Meanwhile my grandfather expired. So we have applied for pavathi kathe to my father name in Taluk office in Chickballapur district, Karnataka. But sellers had put petition (Takararu) case in Taluk office.
So in order to get our land back what documents we should have?
At present we have only Registration copy( original). Apart from registration copy what documents we should have.
Hope you understand.
Thanks in advance
Dear Naveen,
If your Sale deed has your Grand father’s name, then kindly do not worry, they may be just trying to scare you.
You may go ahead with mutation transfer on to your father’s name and reply to their legal petition through a civil lawyer.
Hai Thanks fro your replay
I missed out some details
Below is the correct details
As I said . The property was taken in bank auction
The history of property is
The Property was purchased by person A in JAN 2010 From Person B through home loan and mortgagee the property to bank in JAN 2010
The Person A Defaults the Bank EMI from 2011
The Person A put the sale agreement (sale deed not done) with person C for 11L in DEC 2011 with condition the sale deed has to complete in 9 month . The same was registered in sub registered office . after that no transaction happened
The bank Given proper notice to person A and put the property on auction in aug 2017
Self has bided and won the AUCTION .
When I Check the EC Of the property the person C name is reflecting in EC for the sale agreement he made with person A.
When I checked with the bank . they said the sale agreement is null and void when the property is in bank mortgagee. and the bank having the original sale deed and all linking sale deed from mother deed to till jan2010 ( They showed me all original document)
Kindly advice me. in future any legal issue will arise due to this DEC2011 Sale agreement made between person A and C . is it possible to remove the person C details from EC as it creates the litigation. The thing is both the persons A and C is not traceable.
Thanks and Regards
Dear sudharsan,
As he defaulted loan payments in 2011, I dont think he can enter into an agreement with other party without informing the banker. Also, the time-period (9 months) was over long back..
So, the banker’s view is correct.
Suggest you to take advice from a civil lawyer as well.
Dear Sreekanth
I am MR C and planning to buy the auction property. and it was owned by Mr A . Mr A has taken Home Loan in Bank X and default to pay the bank. now the bank is auctioning the property of mr A. When I took as EC on the property . it shows MR A purchased flat from MR.Y and got registered in his name and then on bank name in 2010 for market price 13l and consideration price 16L. and the EC shows this details correct and in addition in 2011 it reflects the MR A and MR B names with market price 0.00 and consideration price as 17l.
Kindly advice me is there any litigation in this . when I cheeked my friend he told may it is sale agreement or lease agreement . kindly advice
Dear sudharsan ..Who is Mr B here?
Hi, I have bought a property in Bangalore and I have an EC as well. As per the EC, the site was registered in some one else’s name before it was registered in our name, which we did not notice. We have been paying the property tax and all those documents are in our name.
When we contacted the developer to get the previous registration cancelled, he said he has lost the original deed of the previous registration.
What is the process to get the previous registration cancelled?
Need your advice please.
Dear Mini,
That means you are missing a Link deed.
If you the developer has sold a property to MR X, then Mr X has to sell the same to you.
Based on the information give by you, the developer has sold the property twice to two parties.
Kindly consult a civil lawyer and take advice.
I am buying site in Bangalore south area
I want to know what are the document to be given by my owner
and what are the document I need to apply for a bank loan
kindly help me in detail of documents and period of those documents
Dear venkat,
You may request for latest EC, Mother Deed & all link Sale Deeds, latest Property tax receipt, Khata certificte, Khata extract (if available) etc.,
Bankers generally ask for all these documents..
HI Sreekanth,
Could you please explain us what does the RR ,RE and DR and DE stands for ?
Thanks
Venkat
Dear Venkat,
R, E & P stand for Registration Date, Executed on, Presented on respectively.
DR – Deed Receiver& DE – Deed executor..
RR, RE what does it stand for.? I was checking EC. There I found these terms in Column (Name of parties (EX & CL)). It has a party name(RE) and a Bank Name(RR). Please explain ?
Dear ameer,
I am not very sure about the exact full forms of RR / RE.
In RR – second R can be Receiver
RE – Executor .
Dear Mr.srikanth.
Can you help me on one issue.
We are residing in parawada mandal, Visakhapatnam district
My father constructed house in land which is given by my father’s grand father. May be document year is 1927. We lost the original documents.
We are paying house tax in grama panchayat. Can we get the house documents for registration. Who to approach. How can we get.please help
Dear Mohan,
Kindly approach the concerned Sub-Registrar office.
Read: Lost your Property Documents? How to apply for Certified Copy of lost Sale Deed?
Hi Srikanth,
Your post is very informative and helpful. I am purchasing a plot of 310 sq.yards at kapullapada, vizag in a gated community venture. In view of this I approached e-seva for applying EC. They are saying that with only survey number it cannot be assured of getting the details of our plot. How do I approach in this case. Please suggest, thank you.
Dear Sudharshan,
You may try getting EC details online. You may also visit Sub-registrar office and get the details.
Hey Sreekanth,
How can i be able to get Encumberence certificate for Village, Vadsar; Ta: Kalol, Dist: Gandhinagar located in gujarat state.
I approach revnue office, no one is aware of that kind of certificate so i approach district office, they deny from that kind of certificate exist for my inherited agriculture land.
Please guide me where should i approach.
Dear Nick,
Kindly try at nearest Sub-registrar office.
You may ask for Khata extract or Patta extract at Revenue office to know the ownership details.
I (Mr.C) have purchased a under construction Flat on Sep-2014 in 22.3L from builder (Mr.A) by Sale Deed of 7L & Construction Agreement done with Mr.A of 15.3L ( I had taken Home Loan from SBI (20L))
In Sale Deed, Builder’s partner (Mr.B) who is owner of plot with under construction flat taken as a seller of under construction property; in addition builder (Mr.A)’s name was included as a
consenter representing as a working partner of Real-estate firm (with whom seller having some sale agreement done in Mar/2011)
Mr.A & Mr.B are close relatives and doing construction business jointly. (Mr.B is big advocate by profession and owning this project site with under construction flats) while Mr.A is main working builder (possession real estate firm who does Constructor Agreement for completion of
under construction flats with buyer)
Presently, Flat is on my name, I am having sale deed and possession everything fine.
Now, I am selling this flat to other buyer (Mr.D) (I have already closed my home load with SBI)
My flat buyer (Mr.D) put flat paper in bank and applied for home loan. While in search by bank in city registrar office. They found Builder’s partner (Mr.B) (from whom I have purchased flat) had already having done another sale agreement in 2013 of this under construction flat to Builder
(Mr.A).
Now my flat buyer and his bank asking for registered Cancellation of this Sale Agreement done by Mr.B to Mr.A in 2013.
As per my Buyer’s Lawyer, This is the case like one property sold to two person? Is is like that?
Please help, I don’t know what to do.
Builder (Both Mr.A & B) denied to do anything and not cooperating any way. Ever, not hearing and difficult to contact them since they are big builders.
Dear Mr Patel,
In the first para, you have mentioned that you have bought the Flat from Mr A and in the 6th para, you have mentioned that you have bought it from Mr B????
Is it only Sale Agreement, am I right? Kindly search for EC on the entire property and try to find out on whose name the land is?
You may also take help of a lawyer from your side and take legal advice on this matter.