Before acquiring land in the tn e register, property purchasers should examine the encumbrance certificate. An encumbrance certificate (EC) establishes whether or not an entity other than the original owner of the property has a claim to the property. It has any influence over it. If a person wants to purchase land, it is good that he obtains an EC first.
An EC is usually executed by the Sub-Registrar of Records and also contains the name and identification number of the individual who has obtained it. The EC will also have details about any mortgage or lien against the property, along with all other legal encumbrances such as outstanding taxes and loans.
Once an EC is released by the Sub-Registrar, it indicates that there are outstanding liabilities against a property. This means that when a person purchases land without first examining an EC, he or she may in fact be purchasing a property that he cannot do anything with for as long as there are liens against it.
The Encumbrance Certificate (EC) is an important aspect of a property. Since it offers detailed information about the existing property from history, the government’s sub-register office produces this EC for a property. For example, when encumbrance exists against property, the sub-registrar cannot issue a sale agreement. Hence, an EC is essential for a property purchaser.
Who issues EC?
The Administration Department is responsible for the sub-registry offices in the state. These registrars are in charge of issuing and providing ECs to the public whenever required. In addition, they maintain and keep records of all documents regarding property deed transfers as well as sales agreements within their jurisdiction to ensure land rights are clear.
How and when can you obtain an EC?
The Sub-Registrar concerned will be able to issue a permit for issuing an EC by the owner of the property. The permit will also have a name and address of the owner to whom it is being issued and the date of issue. All information should be correctly typed on the request form. In addition, all documents regarding encumbrance are needed in order to obtain it.
What is Included in EC:
EC contains information about all encumbrances on a property and its ownership. The following are included in an EC:
Details about Property: The name and address of the owner along with details about the person currently in possession of the property. Details regarding encumbrances against a property detail regarding encumbrances such as taxes found to be paid before; records are outdated if they do not reflect changes that have occurred as recently as within one year.
The process of obtaining an EC is tedious, time-consuming, and requires a lot of legal advice. However, it is important that you find out what information you can get from the other person who has the property before you purchase it. As you know, only a third party can own a property but an owner can’t sell his property without getting the full documentation by providing the details of encumbrances against it.