• Encumbrance Certificate

Hello,

I am an NRI and planning to buy a semi-commercial property in Hyderabad City.

This property was registered in the name of the owner in the year of 1979. 
I have a copy of the Sale Deed executed in 1979 and I got EC (from year 1978 to 1982) from District Registrar and this EC has details of the executants and the owner.

But, I also got EC from "Registration and Stamps Department" for the years "1983-1994", "1994-2007" and "2007-2017" but these ECs have no records. These ECs say - "NIL EC - The property mentioned not found in the records of Registered documents. Approach SRO concern". 

What does this mean? 
I expected that the latest EC will also have information about the owner but I was wrong.

The owner says that if there were no transactions(buying or selling) from the sale deed execution date(1978) to till date(2017), then the LATEST EC wont have any information. 
Moreover he says, the records from 1978 to 1982 were entered into computer records.

Is this right? 
Experts please throw your advice.
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1) it appears that records are not available for said years . you will have to take search in SRO records

2) EC received by you clearly states approach SRO concerned

3) obtain a certifcate form local lawyer that title is clear and marketable then only purchase the property

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. It is right that if for many years if there is no change of hands of any proeprty the records of registration office may not have necessary details.

2. However do note that such searching of records varies in every state.

3.Hence beofre making your mind it is highly recommended that you get all your papers checked by a local lawyer who will carry out necessary record searching .

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. Since the EC itself says that you should approach the SRO concerned you have to take out a manual title search in the office of jurisdictional sub-registrar.

2. Do not purchase the property unless your lawyer gives you a green signal. No seller can pass a title better than his own title.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. You have checked from the Registrar's office that the Title Deed of the property has been registered in favour of the owner in the year 1979.

2. Collect one certified copy of the same and closely compare it with the original sale deed to be sure that the original sale deed shown to you is genuine since there are plenty of cases where fake title deed is shown while selling the property while the original sale deed has been deposited with some bank for availing loan by creating mortgage on the said property by depositing the original title deed with the lending Bank.

3. "Registration and Stamps Department" is not expected to have any further record for want of transactions in connection with the said property.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Your understanding of the documents and its contents would be totally different and irrelevant, especially you may not understand the technical jargon.

Hence it is advised that you may prefer to refer the document before an advocate for a proper legal opinion.

Do you have specific reason to avoid the lawyer's opinion..

A stitch in time will save nine.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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