logo logo

What is meant by Encumbrance Certificate and what is meant by a Nil Encumbrance Certificate?

- by Ramesh, Yeswantapur

Encumbrance Certificate is a record showing registered transactions pertaining to a property. If mortgage, sale or any other deeds in respect of a property are registered, encumbrance certificate is issued Form No. 15. If no deeds of transactions are registered in respect of a property nil encumbrance certificate is issued in Form No. 16.  The Certificate in Form No.16 is the proof that there are no registered transactions which are taken place in respect of this particular property during the period under consideration. However, unregistered transactions do not find a place in the Encumbrance Certificate.

image

These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- I have purchased a site at Kengeri measuring 30’ x 40’.  But the sale deed which was registered mentions the area as 29’ X 40’.  The consideration was paid for 30’ X 40’.  I did not consider it as major mistake as the entire site area of 30’ X 40’ was fenced and the site was in my possession from the date of purchase that is 1990.  I have constructed a house also. However my neighbor is claiming that 1’ X 40’ area belongs to him. I seek your kind advice as to the course of action to be taken. 

Q:-
I would like to state that I bought a site in BSK VI stage. I am desired to know more about the area and the progress that is being taken place. By what time the area will be fully developed to proceed on constructing a house.
What are the documents other than sale deed,  Khata, tax paid receipt required to avail loan from the banks? Is encumbrance certificate to be made if the allotment is made by the BDA directly?


Q:- My father owns a property in Bangalore. It consists of ground floor only, we are two brothers and one sister. Property in question stands in the name of my father, which is self acquired. I have been granted a home loan to construct the first floor; my sister and brother have given no objection letter to construct the first floor. Later on my brother wants to construct the second floor. But my father has refused to give no objection letter or even cede our proportionate share in the property. Please advice how to overcome this problem. 

Q:- If a property is approved by BDA, BMRDA or by BIAPPA. Can that piece of land be lost by way of acquisition?

Q:- Shall I purchase a revenue site at Sarjapura Road, Bangalore?