An Encumbrance Certificate (EC) is a document of a legal nature that attests the fact that a specific property has no liabilities, either monetary or legal, e.g. in the form of loan or mortgage, or a certain legal struggle. It is an important document in the transactions of properties whereby it makes sure that the title to the property is marketable and unambiguous.
Property Buyers: To verify that the property they are about to purchase does not have any legal dues.
Home Loan Applicants: Financial institutions and banks demand ECs by the time they first sanction a home loan.
Property Registration: In some states, the governments require submission of an EC before property purchases.
Verification of Ownership History: It documents ownership and past transaction histories and will help in the verification of title.
The information about the property (survey number, site, description)
Name(s) of the land owner(s)
Specifications of transactions (sale, lease, gift, mortgage, and so on).
Term of encumbrance (most often 12-30 years)
Type of certificate (form 15 or form 16)
Mark and imprint of the issuing body
Form 15: This one is issued when there is an encumbrance of any kind (e.g., mortgage, lien) on the property.
Form 16: When there are no encumbrances during the said period, then it is issued.
An EC can be obtained online as well as offline, depending on location, through the Sub-Registrar Office (SRO) under which the property is registered. These steps are normally:
Offline Application
Visit the Sub-Registrar Office.
Fill out the Form 22 application.
Post address proof, a copy of the title deed and details of the property.
Pay the applicable fee (varies by state and duration).
The EC is normally released within a period of 7-15 working days.
Online Application (available in many Indian states):
Go to the state registration official portal.
Click on the Apply EC option.
Fill out the required data and provide documents.
Make an online payment.
Once it is approved, download the EC.
Property document or a sale deed
Survey number address details of property Details
Address proof and ID proof
Past EC copy (when it exists)
Fees and application form
Time Taken: It takes approximately 7-15 working days.
Validity: The EC can provide information of a particular period accordingly. It is not a lifetime rule.
While EC is crucial, it may not reflect:
Unregistered agreements (e.g., oral agreements or non-registered leases)
Court litigation unless notified to the registrar
Outstanding property tax or government dues
Hence, buyers should also conduct a legal due diligence in addition to obtaining an EC.
An encumbrance certificate (EC) constitutes one of the main documents of the process that occurs during the ownership and sale of property in India. When purchasing a property, taking out a home loan, transferring or checking ownership, the EC guarantees that the property does not have encumbrances. Never make a transaction without conducting a thorough check by cross-checking with a property lawyer.
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