• Want to understand Encumbrance certificate if any dues pending

Hi,

We are purchasing an agricultural land of 1acre at a market price of Rs.12lakhs, situated in Machilipatnam,Andhra Pradesh. The land details available online in adangal and it has proper link document and registered passbook and sale deed.

Problem:
We are not sure whether the agricultural land has been mortagaged and not cleared any dues. I searched and have got Encumbrance certificate from AP registration online website.

Questions:

Can you please help me to review the EC and let me know if any pending dues to paid before registration??

Also, if I transfer money the seller using IMPS/RTGS, what is need as a prof of payment for the land to be mentioned in the real sale deed? 

How can we proceed with payment before registration?

Please suggest me as I am purchasing the land for very first time and am a tax payer through salary as an income.

Thanks,
Amal
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

9 Answers

you can  contact local lawyer for review of EC 

 

2) you must mention full payment has been made at time of execution of sale deed 

 

3) you can issue demand draft at time of execution of sale deed 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

1. Before buying any property it is essential that you take help of an advocate to check the relevant deeds to get an idea about the clear title of the property and thereafter to cause necessary searches about encumbrance in it.

2. Without causing searches from the Registration Office no idea about clear title in the property can be given.

3. If the original title deed is available with the seller then no equitable mortgage is apparently made.

4. Do not transfer any money without executing a proper sale agreement drafted by an advocate.

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

The online payment receipt will term as a proof. If you pay before registration then the receipt can be annexed during registration. 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

You need to make sure through the title deed that the land is in the name of the seller. Also, you need to verify that he has full right to sell the land and that he is the sole owner of the land and no one else is. It would be wise to get the title deed reviewed by a trusted local lawyer just to make sure that there are no loop holes.As a buyer you may also ask for previous title deeds of the land and get these verified too by a lawyer.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1.  You would need to consult a local Property Lawyer and ask for his "Search Report", which would include the probable Mortgage, EC discrepancies, disputes & claims by any Legal Heirs or Govt.

2. Bank Receipt for NEFT /IMPS transfers are self-sufficient as documentary evidence, as proof of payment.  Additionally you can obtain "Bank Certificate" for amount transferred to so & so account etc....

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Even if property is mortgage with bank, EC shows that but dues of electricity or property tax etc. Get the declaration from seller that property free from any encumbrance and payment shall be online or DD/cheque etc.

Post dated cheque or payment at the time of registration through cheque.

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

What is encumbrance certificate(EC)?

It is a mandatory document used in property transactions as an evidence of free title/ownership. While buying a house, flat or plot, it is important to verify that the property does not have any monetary or legal dues. The EC ensures that there is a complete ownership of the property without any monetary or legal liability.

Why is an encumbrance certificate important?

The encumbrance certificate(EC) is important for those applying for a home loan or obtaining a loan against property or when one wants to sell or buy a property. ‘Encumbrance’ means that the liabilities created on a particular property, whereby it is held as a security for any debt of its owner, which has not been discharged as on date. An EC contains all the transactions registered relating to a particular property for a certain period (as required). These details also consists any claims or encumbrance on the property.

How to read encumbrance certificate?

Once you get the Encumbrance Certificate for the property, it is advisable to cross-check or verify some of the important details as shown in the picture. Remember that EC format can vary from state to state, but the basic details may remain the same.



Important Details of Encumbrance certificate

A quick reading of the EC can give you information regarding:

1. Who has applied for the EC statement
2. The property details provided in the Form 22
3. The time period for which the EC has been sought
4. The complete property description
5. Transactions previously done on the said property
6. Mortgage details/ Gift settlement details
7. The name(s) of the buyer and the seller

What is Form 22 and Form 15 ?

Form 22 encumbrance certificate refers to the encumbrance certificate application form. This form is filled while requesting for an encumbrance certificate from the sub-registrar’s office. On the other hand, Form 15 of the EC contains the property 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.

Encumbrance certificate format

EC comes in two basic formats, i.e. either on Form 15 or on Form 16.
As explained previously, Encumbrance Certificate on Form 15 contains a record of sale, lease, mortgage, gift, partition, release etc for the said property. You need to get all this registered with the competent authorities and placed on record in Book I (maintained by the registering authorities) for the specific period that the certificate is being requested for.

The EC is made available on Form 16 only when there is no transaction made during the time frame for which the certificate is being sought for.

How to get encumbrance certificate?

The EC can be requested from the sub-registrar’s or the Tehsildar’s office by filling up Form 22 and affixing a Rs 2 non-judicial stamp on it. You also have to attach requisite documents like the details of ownership such as correct survey number and place where the property is situated, along with a nominal fee. Afterwards, the EC can be obtained within 15-30 working days.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Dear client 

You have to share the copy of EC with me for review.

yes you can transfer the money through IMPS and mention the purpose of transfer in Remarks. Send reciept of transfer through Email and whatsapp along with caption that token money for purchasing land has been transferred to you. 

Make agreement of sale while transferring the money to seller. Also mention the method by which you are paying thetoken money. 

 

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Reviewing the EC can be done only after seeing it, hence it is better you approach a local advocate for not only reviewing the EC but also to scrutinise all the relevant documents including the link documents related to the property proposed to buy and proceed only if recommended.

 

For passing on the consideration amount, you may make a mention about the transaction mode in the registered sale deed so that ther is no ambiguity in this nor the seller may make a claim about it in future.

 

 

 

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer