The capital city, Trivandrum, is reported to be one of the highest property, say flats/apartments, residential space or land, dealing city in Kerala. Followed by Kochi, Calicut, Thrissur and goes on. Dealing a property is a process which needs keen eye and well researched knowledge. A beginner or someone who is doing for the first time will find it very difficult to understand the whole process, can might get into troubles.
Today let's look into the process of acquiring encumbrance certificate. Basically this is a certificate that shows that the property dealt is free of any monetary & legal liabilities. So, let's look into to ways to acquire the certificate.
Step 1: Obtain details of the corresponding property.
In order to apply for encumbrance certificate one need to know the survey number and name of the owner.So find out these details first.
Step 2: Request for encumbrance certificate.
The form for encumbrance certificate needs to be filled out with the following mandatory fields.
a, name of the property owner.
b,
survey number.
c, description of the property.
d, duration for which encumbrance certificate is requested.
The request is done through Form 22 to the Tehsildar with a Rs. 2/- non -judicial stamp.The applicant also have to give additional details such as complete residential address with address proof and also have to mention the reason for which encumbrance certificate is required.
The request is needed to be submitted at the sub-registrar's office.
Step 3: Fees for the request.
The applicant has to remit the fees in the office of the sub registrar to get the request processed.The fees is collected yearly with even a fraction of the year being considered as a full year. For the purpose of encumbrance certificate, the year starts on April 1st and ends on March 31st .
Step 4: Issuance of the encumbrance certificate.
The reports from the the taluk is checked by the tehsildar and he checks whether there is any entry rekated with property/owner that is under question. The encumbrance certificate is issued within 15 to 30 days if there is no entry which is under question.
The EC is issued on Form No. 15 or Form No. 16 based on whether any encumbrance is produced on property or not. If there is no encumbrance on the property during the specified time period, then Form No. 16 will be issued with nil encumbrances.
On the other hand, if there is any charge against the property for the specified time period, then Form No. 15 will be issued. Form No. 15 will also include relevant details such as, the nature of the charges produced, documents of the property registered, amount secured, registration details, references, etc. that have been registered and recorded in Book-I by the registration authorities for the time period for which the EC was requested.
The officer completes the verification of the EC and generates a print out which specifies all the transactions made during the specified period.
Step 5: Validate the encumbrance certificate.
Verify that the encumbrance certificate has been signed and stamped with official seal.Also cross-check the survey number and other details related to the property with details mentioned in the request.
Step 6: Restrictions of encumbrance certificate.
The encumbrance certificate have some restrictions.This certificate cannot be considered as the only evidence to check encumbrance of the property.
Some transactions related to immovable properties and other small transactions are not included in the encumbrance certificate since these details are not not needed to get registered under the Registration Act,1908.
Information of equitable mortgage, where a mortgage is taken by depositing the original title deeds of the property with a bank, are not registered at the registrar’s office, and will therefore not reflect in the encumbrance certificate. The same is the case for testamentary documents or leases for a period lesser than a year.
Other transactions like family arrangements, prior unregistered agreements, tax liabilities, oral tenancy, unregistered wills, and other miscellaneous agreements do not need to be registered, and will not be present in the encumbrance certificate.
The encumbrance certificate certainly cannot be discarded during a real estate deal, but it’s best to not rely on that alone. We hope this article has clearly outlined the steps you need to follow to acquire an encumbrance certificate in Kerala.
Today let's look into the process of acquiring encumbrance certificate. Basically this is a certificate that shows that the property dealt is free of any monetary & legal liabilities. So, let's look into to ways to acquire the certificate.
Step 1: Obtain details of the corresponding property.
In order to apply for encumbrance certificate one need to know the survey number and name of the owner.So find out these details first.
Step 2: Request for encumbrance certificate.
The form for encumbrance certificate needs to be filled out with the following mandatory fields.
a, name of the property owner.
b,
survey number.
c, description of the property.
d, duration for which encumbrance certificate is requested.
The request is done through Form 22 to the Tehsildar with a Rs. 2/- non -judicial stamp.The applicant also have to give additional details such as complete residential address with address proof and also have to mention the reason for which encumbrance certificate is required.
The request is needed to be submitted at the sub-registrar's office.
Step 3: Fees for the request.
The applicant has to remit the fees in the office of the sub registrar to get the request processed.The fees is collected yearly with even a fraction of the year being considered as a full year. For the purpose of encumbrance certificate, the year starts on April 1st and ends on March 31st .
Step 4: Issuance of the encumbrance certificate.
The reports from the the taluk is checked by the tehsildar and he checks whether there is any entry rekated with property/owner that is under question. The encumbrance certificate is issued within 15 to 30 days if there is no entry which is under question.
The EC is issued on Form No. 15 or Form No. 16 based on whether any encumbrance is produced on property or not. If there is no encumbrance on the property during the specified time period, then Form No. 16 will be issued with nil encumbrances.
On the other hand, if there is any charge against the property for the specified time period, then Form No. 15 will be issued. Form No. 15 will also include relevant details such as, the nature of the charges produced, documents of the property registered, amount secured, registration details, references, etc. that have been registered and recorded in Book-I by the registration authorities for the time period for which the EC was requested.
The officer completes the verification of the EC and generates a print out which specifies all the transactions made during the specified period.
Step 5: Validate the encumbrance certificate.
Verify that the encumbrance certificate has been signed and stamped with official seal.Also cross-check the survey number and other details related to the property with details mentioned in the request.
Step 6: Restrictions of encumbrance certificate.
The encumbrance certificate have some restrictions.This certificate cannot be considered as the only evidence to check encumbrance of the property.
Some transactions related to immovable properties and other small transactions are not included in the encumbrance certificate since these details are not not needed to get registered under the Registration Act,1908.
Information of equitable mortgage, where a mortgage is taken by depositing the original title deeds of the property with a bank, are not registered at the registrar’s office, and will therefore not reflect in the encumbrance certificate. The same is the case for testamentary documents or leases for a period lesser than a year.
Other transactions like family arrangements, prior unregistered agreements, tax liabilities, oral tenancy, unregistered wills, and other miscellaneous agreements do not need to be registered, and will not be present in the encumbrance certificate.
The encumbrance certificate certainly cannot be discarded during a real estate deal, but it’s best to not rely on that alone. We hope this article has clearly outlined the steps you need to follow to acquire an encumbrance certificate in Kerala.
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