• Encumbrance certificate

Dear Sir

I have purchased a flat in Chennai during the year 2013 through mortgage loan. Right now, when I applied for Encumbrance certificate, I am not able to see my name in the EC.

Please let me know the reason why it is not getting reflected. Or is there any procedure which I need to follow to include my name.
Asked 7 years ago in Property Law
Religion: Hindu

4 answers received in 30 minutes.

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11 Answers

An Encumbrance Certificate contains the details of the transactions in the specified period, or if no transactions have taken place, a Nil Encumbrance Certificate (NEC), is issued.

2)All transactions relating to the property that have been recorded by the Registrar will be looked into, and necessary details will be made to reflect in the EC.  

3) is your agreement duly stamped and registered? EC will reflect only those transactions and documents that have been registered with the office.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Please check if the Survey No., Sub-division No., are correct. If the sale deed has been registered there is no reason why it is not reflected in the EC. Better check with the Sub-registrar's office in person.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Yes, it is advisable to check with the SRO in person and apply for an EC covering the relevant period.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

better contact registration clerk in sub regsitrar office find out why your document is not being reflected in EC

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1)This is not a big issue. Registrar can correct it on the basis of its record.

2)Get your Duplicate sale deed: Visit the sub-registrars office where the flat was registered. Apply for the copy by paying the prescribed charges and enclose required documents. Obtain a 'copy of the document' from the concerned registrar office.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You must go the the sub registrar office and apply for the EC in this case.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Sir you have to fill a form 22 and give it to the Tehsildar/sub registrar for getting a encumbrance certificate, the details of ownership such as correct survey number and place where the property is situated. It is very important that the period and full description of the property are mentioned clearly in the application.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Visit the SRO office in the jurisdiction and seek information they will guide you you will get the certificate in 15 -20 days once the application is made.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Client

Encumbrance certificate (EC) ensures that there is a complete ownership of the property without any monetary or legal liability and certifies that there are no dues on property both Mortgage and Legal & the title of the property is clear and marketable, for this reason EC is not reflection your name or may be due to lapse of sub registrar office, apply to sub registrar office filing form 15 as property is under mortgage.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

What do you mean to say that you purchased the property through mortgage loan?

Did you not purchase the property by a registered sale deed?

Do you have a registered title deed on your name?

If you have a registered deed on your name then you may clarify the same from the concerned authorities in the sub-registrar's office

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Answering to your point #3, yes, my agreement is duly stamped and registered. Not sure why it is not reflected in the EC. Let me know what I have to do. Shall I directly approach the Sub Register Office and apply for an EC along with all the documents? Is it possible to apply EC online?

You may approach the sub-registrar with a complaint about it and seek his intervention for rectifying the errors, if any.

Online application may not fetch you the desired result if it is a human error.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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