Encumbrance Certificate

Encumbrance Certificate Meaning

An Encumbrance Certificate is a legal document which will help you find that there are no lending institutions or private lenders that can claim ownership of the property.

If a property is bought with the assistance of a property loan where the plot itself is kept as collateral, the lender will add what one calls a “Lien” or a charge on the property. The same will ensure that the borrower or the owner of the property does not sell the property until the loan is repaid in full.

Encumbrance Certification

When one buys a property, one must check for all possible legal complications that might be associated with it. If an individual is wondering as to how they can access this kind of information as a buyer, the answer is all they need is an Encumbrance Certificate (EC) in the name of the property owner. This will essentially help the future buyer to find out if someone other than its current owner can claim ownership of the property or not.

Importance of Encumbrance Certificate

The following are the reasons why an EC is important for anyone buying a new property:

• Once you get hold of an EC, search for the details associated with the property.

• Search for charges that could be mentioned on it. It is necessary to ensure that there are no legal or financial liabilities associated with the property.

• An encumbrance certificate would also help in finding out whether or not there is any existing other property owner with a right to claim it legally.

• In order to avail a loan for buying any property, an encumbrance certificate is required to be submitted to the lender.

Need for an Encumbrance Certificate 

One would require an encumbrance certificate under the following circumstances:

• Encumbrance Certificate for Home Loans - When one is taking a housing loan in order to buy a property, banks tend to ask for this document ahead of accepting their home loan application.

• Encumbrance Certificate for Flats - When someone is buying a property, an encumbrance certificate is a document that he or she must furnish to ensure that the lender is dealing with the real owner of the property that has not been offered up as collateral against some loan.

• Encumbrance Certificate for PF Withdrawals - When someone withdraws funds from your PF to buy a house, their employer would ask for this document if he or she is withdrawing money from their EPFO account in order to make the upfront payment for the purchase of their property.

• Encumbrance Certificate for the Mutation of the Property - Post the purchase of a property, the owner in question has to get the ownership transfer recorded in the records of the government by way of a property mutation.

• Encumbrance Certificate for Flat Sale - When an individual is selling a property, he or she will have to apply for the same and then avail the document from the government records in order to show it to the relevant buyer.

Types of Encumbrance Certificates

Encumbrance certificates are of basically two types, namely:

• Form 15: The sub-registrar issues an encumbrance certificate on Form 15 if a property has any encumbrances at the time of issuance,

• Form 16: The sub-registrar issues a nil-encumbrance certificate on Form 16 if the property cannot be linked to any credit obligations that might be on its owner’s head.

What Information is Provided in Form 15

Ideally, Forms 15 contains pieces of information such as the pattern of inheritance of the land (if any), its sale details, its purchase details, any leases on it and mortgage-related data, among others.

What is Nil Encumbrance Certificate (Form 16) & When Can it Be Issued

On applying for the encumbrance certificate online or in person at an office, you would be required to particularly specify for which time period you require information. In case there are zero charges associated with the property within this specified time period, a Nil Encumbrance Certificate would be issued to you. If that is the case, it means there are no liens that have been placed by any lender on the property.

How to Apply for EC Online?

In order to get an encumbrance certificate through the online route, the applicant must follow the following step-by-step guide. One must however note that this particular service is only available in a few states.

Below are the mentioned steps for how to EC apply online in Telangana:

• Step 1: First, go to the official portal of Meeseva - https://ap.meeseva.gov.in/DeptPortal/UserInterface/LoginForm.aspx.

• Step 2: Then, click on the third tab which appears on top of the page, namely Government Forms.

• Step 3: Then, one must scroll down to the page that will appear. One should be able to view the Application form of an Encumbrance Certificate under the “Stamps and Registration” heading. Download the form and fill it up with the required information. Then, attach the documents which are necessary along with the form in question.

• Step 4: Then, one will need to locate the nearest Meeseva centre to submit their application along with the required fee physically.

• Step 5: Post submission, an acknowledgement receipt will be given to the applicant.

• Step 6: After the necessary verification, the application form will be forwarded to the office of the sub registrar. The officials there are responsible for carrying out a physical inspection of the property ahead of issuing an EC in its name.

• Step 7: While the applicant will be given timely updates via text messages from the Meeseva portal, they can manually track its status through the website as well.

• Step 8: It generally takes up to 6 working days for an EC to be issued by the sub-registrar’s office.

How to Apply for EC Offline?

The following are the steps to be taken in order to avail an EC in the regular offline mode:

• Step 1: First you need to visit the office of your respective sub registrar.

• Step 2: Fill out Form 22 and submit it.

• Step 3: The details of the property, buyer’s and seller’s names would be required, among other details.

• Step 4: Then you have to pay the fee that is specified at the office counter.

• Step 5: Once you submit your application for encumbrance, search for the reference number or the acknowledgement number which is to be used to keep track of the current application status online.

Documents Required to Get an Encumbrance Certificate 

Some of the documents you would need while applying for an Encumbrance Certificate are:

The property sale deed/gift, deed/partition, deed/release deed if a deed has been executed previously:

• The deed number upon registration contains the date and book number along with the signature of the applicant

• Property registration document

• Address proof of the applicant

• The signature of the applicant

• Details of the property for which the certificate is being sought

• A copy of the deed if there is one

How to Track Encumbrance Certificate Status

Following are the steps to track EC Status Online:

• Step 1: Click on "Certificate", select "Encumbrance Certificate", and click on "EC Status".

• Step 2: Provide the transaction details.

• Step 3: Enter CAPTCHA and select "Check Status".

Your EC would then be provided on your screen. You would have to save and/or download it.

How Do I Download an Encumbrance Certificate

If the respective state government website allows you to track the status of your EC application online, you will be able to download the file once it is generated.

What is the Application Fee to Get Encumbrance Certificate

The application fee for an encumbrance certificate (EC) depends on the location of the property and the state government. The applicable charges for getting an EC in some popular states are as follows:

Which States Issue Encumbrance Certificates Online

With the exception of a few states, encumbrance certificates are majorly issued physically. States which prefer to go the online route for the same are Andhra Pradesh, Kerala, Odisha, Tamil Nadu, Puducherry, Uttar Pradesh and Telangana.

How to get EC online State-wise

• Apply for an EC Online Andhra Pradesh

• Apply for an EC Online Tamil Nadu

• Apply for an EC Online Telangana

• Apply for an EC online in Kerala

• Apply for  Online EC Karnataka

• Apply for an EC online in Puducherry

• Apply for an EC online in Uttar Pradesh

• Apply for an EC online in Odisha

Encumbrance Certificate vs Non-Encumbrance Certificate: Differences

The main differences between an Encumbrance Certificate and a Non-Encumbrance Certificate are:

EC vs OC vs CC: What is the Difference

How fast can you get EC?

• If you have applied for an encumbrance certificate online, it would take two to three days.

• If you have applied for an encumbrance certificate offline, it would take two to four weeks.

• Hence, it is important to keep the above points about EC in mind in case you have plans to buy property. If you are planning on buying a property, you can avail home loans available at Bajaj Markets. You can also enjoy flexible repayment tenure, along with top-up options.

Usage of Encumbrance Certificate

Following are the uses of an encumbrance certificate (EC):

• It enables one to purchase a property without litigations

• Acts as proof for property-owners

• The document helps in updating the land-based records

• It is used for the purpose of mutation of land

• It helps to avail loans or credits from financial institutions