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In summary
Encumbrance Certificate Explained
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- An Encumbrance Certificate confirms registered property transactions and encumbrances for a specified period
- It can help verify whether a property has an outstanding mortgage, lien, or registered claim
- An EC is generally obtained from the Sub-Registrar Office or the respective state’s online property registration portal
- The certificate is useful during property purchase, sale, registration, and loan applications
- An EC does not necessarily capture every possible claim or dispute relating to a property
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What is an Encumbrance Certificate?
An Encumbrance Certificate is a legal document issued by the relevant registration authority to show the registered transactions and encumbrances recorded against a property during a specified period. It can include details of sale deeds, mortgages, gifts, releases and other registered transactions.
Property buyers often check an EC before purchasing a property to understand its registered transaction history. Lenders may also request an EC as part of their property and title verification process when assessing a loan application.
What does an Encumbrance Certificate contain?
The information in an EC may vary depending on the state and the period for which it is requested. It may generally include:
- Property details such as survey number, location and extent
- Details of registered transactions
- Names of parties involved in recorded transactions
- Document or registration numbers
- Details of registered mortgages or other encumbrances, where applicable
- The period covered by the certificate
An EC should be reviewed along with other property documents to assess the title and transaction history.
Types of Encumbrance Certificates
Depending on the state registration system, an applicant may receive an EC indicating whether registered encumbrances were found for the selected period.
Nil Encumbrance Certificate
A Nil Encumbrance Certificate indicates that no registered encumbrances were found against the property for the specified period based on the records searched by the registration authority.
Encumbrance Certificate with transaction details
This type of certificate provides details of registered transactions or encumbrances identified against the property during the requested period.
How to apply for an Encumbrance Certificate online?
Many states provide an online facility to apply for or view an Encumbrance Certificate. The exact process and portal may vary by state.
Follow these general steps:
- Visit the official property registration or registration department website of your state.
- Select the option for Encumbrance Certificate or the relevant EC service.
- Enter the required property details, such as district, Sub-Registrar Office, survey number, document number or property details.
- Select the period for which you want to search the property records.
- Submit the application and pay the applicable fee, if required.
- Verify the available transaction details.
- Download or obtain the Encumbrance Certificate, subject to the state's process.
Documents required to obtain an Encumbrance Certificate
The documents and information required can differ across states. Generally, applicants may need:
- Property details
- Survey or plot number
- Details of the Sub-Registrar Office
- Applicant's identity and address details
- Previous registration or document details, where applicable
- Application form and applicable fee
Check the relevant state registration authority for the latest requirements.
Encumbrance Certificate vs Property Title
| Parameter | Encumbrance Certificate | Property Title |
|---|---|---|
| Meaning | Records registered transactions and encumbrances for a specified period | Establishes the legal ownership or rights over a property |
| Purpose | Helps identify recorded transactions and encumbrances | Helps establish ownership |
| Issued/established through | Registration authority records | Title documents and legal records |
| Coverage | Limited to records and period searched | Depends on the complete chain of title and supporting records |
| Use | Property due diligence and loan processing | Property ownership and legal verification |
In conclusion, an Encumbrance Certificate is an important property document that provides information about registered transactions and encumbrances recorded against a property for a specified period. It can support property due diligence, sale and purchase transactions, and loan applications. However, buyers and borrowers should review the EC along with title deeds, tax records and other relevant documents before making property-related decisions.
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Frequently Asked Questions
Overview
Process
Legal and closure
What do you mean by Encumbrance certificate?
An Encumbrance certificate is a legal assurance that a property is free from any legal and financial burden.
How to track an EC Certificate?
Follow these simple steps in order to get an EC certificate:
Visit the official portal of your state
Select Encumbrance certificate
Select EC status
Clock on check status button
How long it will take to get Encumbrance certificate?
If you are applying for an Encumbrance certificate at the registered office, the process will take up to 15-30 days. However, if you are applying for EC online, you can get it within 2-3 days.
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