Purchase of land without encumbrace certificate and original deed
Sir,
I am going for registration of sale deed for a plot of land by tomorrow. Permission/NOC have been availed both by SDC office and Town Committee. However, the owner dont have the sale deed copy of his original purchase. The Jamabandhi copy is available, wherein he is mentioned as the owner of the land.
Concern:
1. Can the sale deed be entered without the encumbrance certificate (EC), as it is taking time to collect the same from sub-registrar office.
2. If the deed is registered without EC, would my right on property be questioned later, if some other facts comes out later.
Grateful, if you could advice me on above on urgent basis please, as we are going for sale deed registration tomorrow. Thanking you.
Regards,
Amit Agarwalla
Asked 8 years ago in Property Law
Religion: Hindu
Sir,
Thank you for your response.
No such action like FIR/public notice has been done by the owner.
Are jamabandhi copy and the permissions not sufficient for the ownership and sale transaction. Hope the permissions are given after ensuring that the title is clear and marketable.
What are the risk of entering the purchase of plot in our case.
Your overall advice on going for this purchase.
Regards,
Amit Agarwalla
Asked 8 years ago