Hello,
it is right that such problem were encountered at the time of computerization.
You may move an application before the issuing authority for such correction in the EC.
File an affidavit alongwith the EC and get the correction made.
Regards
Flat Number not mentioned in the Encumbrance Certificate
This is with regards to a flat that I purchased in 2004, the property was registered during 2004 April and the EC extract issued at the time of registration (manual) had my flat number entry in the EC. However in 2004 April registration process was getting computerized, when I applied for EC from 2004 till date, the computerized EC did not have my flat number, it has all the other details and narations as per Schedule A, B and C in the Sale Deed but the flat number is missing. What is the procedure to correct this, I also learnt from the sub registrar office that during the time of computerization many properties registered had such issues. Can I get some clarification and under stand the procedure to correct this issue.
Asked 5 years ago in Property Law
Religion: Hindu
11 Answers
Hi, you can file a application before registrar for rectification of sale deed
you can make application to sub registrar office to rectify error in EC
2) enclose copy of sale deed
I saw response of all the three lawyers, but the question is where will I get the affidavit format, I have also submitted a letter requesting the sub registrar along with the copy of sale deed, old EC and new EC for a correction. But they have not moved the file nor have they asked for any additional inputs, so I am not sure if the answer provided is common across India or is there any specific regulation to be followed for each state?
Asked 5 years ago
Affidavit will be made by an advocate, you will have to get in touch with an advocate.
If he is not moving your file then file another application to ask about the status of the file,
If you have the receiving then file an RTI and get the status.
you can contact any registration clerk in sub regsitrar office to follow up with sub registrar for correction of EC
approach with Sub Registrar with the original EC, and documents, he will correct and issue the fresh one.
You will have to submit an application at the sub registrar office for rectification of the encumbrance certificate issued by them. A copy of the registered sale deed would be required for this purpose.
If no response was given to you for the application filed, you can file an application under RTI Act, inquiring as to what action was taken in response to the application filed by you to the SRO.
The problem arose with many cases at the time of converting manual works through computerized work.
This can be rectified by approaching the registrar's office with an application seeking to include the flat number which was erroneously omitted at the time of creating the records in the computer, you can produce the previous (manual) EC for reference.
What were you doing all these years about it.
I saw response of all the three lawyers, but the question is where will I get the affidavit format, I have also submitted a letter requesting the sub registrar along with the copy of sale deed, old EC and new EC for a correction. But they have not moved the file nor have they asked for any additional inputs, so I am not sure if the answer provided is common across India or is there any specific regulation to be followed for each state?
If you have not got any response from the office about this, then you may escalate this matter to the registrar or even the district registrar and seek his intervention.
After that you can issue a legal notice to the sub-registrar demanding to rectify the issue.
Dear Sir,
You have to wander from pillar to post on this issue. Better file a simple suit in Civil Court and get a direction to the Sub-Registrar to enter flat number in EC.
