- What is an Encumbrance Certificate?
- Importance of an Encumbrance Certificate
- Types of Encumbrance Certificates
- Documents Required for an Encumbrance Certificate
- How to Apply for an Encumbrance Certificate
- EC View Portals in India
- How Long Will It Take to Get an Encumbrance Certificate?
- Importance of Encumbrance Certificate?
- Difference between Encumbrance Certificate (EC), Occupancy Certificate (OC) and Completion Certificate (CC)
- Frequently Asked Questions
An encumbrance certificate (EC) is a legal document that shows whether a property is free from any legal or financial liabilities such as mortgages, loans, disputes, etc. It is an important document for anyone who wants to buy, sell or take a loan against a property.
What is an Encumbrance Certificate?
An encumbrance certificate is a certificate issued by the sub-registrar’s office where the property is registered. It contains the details of all the transactions related to the property for a specified period of time, usually 13 to 30 years. It also mentions if there are any encumbrances or charges on the property, such as:
- Lien for mortgage
- Lease rights
- Third-party rights
- Any other charge
If the encumbrance certificate states that the property has no encumbrances attached to it, then it is called a nil-encumbrance certificate or non-encumbrance certificate (NEC). This means that the property has a clear and marketable title and can be safely transferred to the other person.
Importance of an Encumbrance Certificate
An encumbrance certificate is important for various reasons:
- Buyers can verify the ownership and legal status of the property and avoid any fraud or dispute in the future.
- Sellers can prove that the property is free from any liabilities and can be sold without any hassle.
- Lenders can assess the eligibility and creditworthiness of the borrower and ensure that the property can be used as collateral for the loan.
- Owners can apply for various services and benefits such as home loans, PF withdrawals, property mutation, etc.
Types of Encumbrance Certificates
There are two types of encumbrance certificates in India:
- Form No. 15: This is issued when there are encumbrances on the property for the specified period. It contains the details of all the transactions, such as sale deed, gift deed, mortgage deed, lease deed, court order, etc. that affect the title or rights of the property owner.
- Form No. 16: This is issued when there are no encumbrances on the property for the specified period. It certifies that the property has a clear title and no charges or claims on it.
Documents Required for an Encumbrance Certificate
The following documents are required to apply for an encumbrance certificate:
- Application form in prescribed format
- Identity proof of the applicant, such as an Aadhaar card, PAN card, voter ID card, etc.
- Address proof of the applicant such as electricity bill, water bill, telephone bill, etc.
- Property details such as survey number, plot number, location, extent, boundaries, etc.
- Copy of sale deed
- Property registration document
- Property and its title/possession deed details
- Sale deed / partition deed / gift deed of a property, if any deed has been completed previously
- Fee payment receipt
How to Apply for an Encumbrance Certificate
An encumbrance certificate can be applied either online or offline, depending on the state where the property is located. Some states, such as Tamil Nadu, Uttar Pradesh, Kerala, Andhra Pradesh and Telangana, provide online facilities to apply for and download EC. Other states require manual application at the sub-registrar’s office.
EC View Portals in India
|State||EC Registration / View Portals|
|Karnataka||Kaveri Online Services|
|Andhra Pradesh||IGRS AP|
|Kerala||Kerala Registration Department|
|Uttar Pradhesh||e-Distric UP|
|Madhya Pradhesh||MP IGRS|
EC Online Registration Process
The online process to apply for an encumbrance certificate may vary slightly from state to state (depending on the state’s website) but generally involves the following steps:
- Visit the official website of the state registration department
- Register yourself as a user and log in with your credentials
- Select the option to apply for EC and fill in the required details such as name, address, mobile number, email ID, etc.
- Select the period for which you want EC and enter the property details such as survey number, plot number, location, extent, boundaries, etc.
- Pay the fee online using the given payment methods
- Download and print the acknowledgement slip
- Check the status of your application online using your application number
- Download and print your EC once it is ready
EC Offline Registration Process
The offline process to apply for an encumbrance certificate involves the following steps:
- Visit the sub-registrar’s office where the property is registered
- Obtain and fill in the application form 22 in the prescribed format
- Attach copies of identity proof, address proof and property document along with fee payment receipt
- Submit your application at the counter and collect your acknowledgement slip
- Check the status of your application at the office using your acknowledgement slip
- Collect your EC once it is ready
How Long Will It Take to Get an Encumbrance Certificate?
The time required to obtain an encumbrance certificate (EC) may vary depending on the state and the chosen application method. Online applications generally result in faster processing times compared to offline applications. Typically, online applications for an EC are processed within 2-3 working days. In contrast, if you opt for the offline mode of application, it may take approximately 15 to 30 working days to receive the encumbrance certificate.
Importance of Encumbrance Certificate?
You will require an encumbrance certificate in the following situations:
1. Buying or Selling a Property
An EC is one of the essential documents that a buyer should check before buying a property. It will help them to verify if there are any legal or financial liabilities on it that may affect their ownership rights. Similarly, a seller should provide an EC to prove that they have a clear title over the property and can transfer it without any hassle.
2. Taking a Home Loan or Loan Against Property
An EC is one of the mandatory documents that a lender will ask for when giving a home loan or loan against property. It will help them to assess if there are any existing loans or charges on it. They will also create a new charge on it by registering a mortgage deed with sub-registrar’s office.
3. Withdrawing PF for Buying a Property
An EC is one of the documents that an employee should submit when withdrawing PF for buying a property. It will help them to prove that they are buying a property that has no legal or financial liabilities on it. They will also have to submit other documents, such as a sale agreement, allotment letter, possession letter etc.
4. Mutating Property Records
An EC is one of the documents that an owner should submit when mutating property records after buying or inheriting a property. It will help them to update their name and details in revenue records such as khata/khatauni/jamabandi etc. They will also have to submit other documents such as sale deed/gift deed/will etc.
5. Selling a Flat in Apartment Complex
An encumbrance certificate is one of the documents that an owner should submit when selling a flat in an apartment complex. It will help them to prove that they have paid all their dues, such as maintenance charges, property tax, water bill, electricity bill etc. They will also have to submit other documents such as a share certificate, NOC from society, sale deed etc.
Difference between Encumbrance Certificate (EC), Occupancy Certificate (OC) and Completion Certificate (CC)
An encumbrance certificate (EC) is a legal document that certifies the absence of any financial or legal obligations on a property. It establishes that the property is free from any encumbrances or liabilities.
A Completion Certificate (CC) is a legal document issued when a building construction has been completed in compliance with the approved building plan and other relevant regulations. It verifies that the construction is in line with the prescribed standards.
An Occupancy Certificate (OC) is also a legal document issued after the issuance of the CC. It confirms that the building or structure is deemed safe for occupancy and meets all the necessary safety and regulatory requirements.
Frequently Asked Questions
A nil-encumbrance certificate is issued when there are no transactions recorded on a property during the specified period for which an encumbrance certificate has been requested by the applicant. The sub-registrar office issues Form 16 in case of nil encumbrance.
The application fee for an Encumbrance Certificate varies depending on the specific state, property location, and the policies set by the state government.
An EC is essential for obtaining information about a property’s legal and financial status. However, it’s important to note that not all property transactions may be registered in government records. The EC can only provide information based on registered transactions received by the government. Unregistered transactions will not be reflected in the EC issued by the sub-registrar’s office.
Every state’s sub-registrar office is the authority that issues encumbrance certificates.