Harsha Vardhana R (Project Manager) 08 April 2015
Dear Experts,
What are the legal aspects of an EC?
Does it finalize the ownership of a property?
In many places where unregulated conversion of agricultural land to townships happen, a person may have an EC due to registration with a SRO. But some other person may have obtained Khata (Patta) etc and residing in that place. So disputes can be possible.
In such cases, who is the legal owner?
Regards,
Harsha Vardhana R
Veeranjaneya (Advocate) 08 April 2015
EC only reflects registered transactions.
The legality is evidentiary BUT not conclusive. It should only be treated as another arsenal in scrutinising documents.
EC vs Patha, the one with the later date recording transaction will usually prevail. But as said earlier, nothing is conclusive. One has to have the complete set of documents for a perfect reading.
This is the reason, we as advocates give you an opinion rather than certification:)
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 08 April 2015
An encumbrance certificate is evidence that the property in question is free from any monetary and legal liabilities. It is evidence that the property can be sold as a free title and the ownership will come to you without any associated baggage. It is legal documents for prove in the courts.
Harsha Vardhana R (Project Manager) 08 April 2015
Thank you experts!
It is good to know EC has a good weight in adjudging the real owner.
Another query about RTI in tracing the property.
I have a peculiar residential property. I have both the original sale-deed and EC (taken a few months before today) confirm that it is mine. But it was a kind of revenue-site without any number! Also I don't know the exact location of it as it was purchased when I was a minor! Elders just bought it and forgot it and revealed to me quite late!
Based my copy of sale-deed and EC, can RTI be helpful in directing the official land-surveyor to trace out the location?
Regards,
Harsha Vardhana R
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 21 April 2015
Submit an application at Tahasildar office near to the property jurisdiction. They will provide the information.
Sevarkodiyon Krishnasamy (Senior Executive) 23 August 2018
Team,
I am applying for Top Up loan on my Home Loan, for which the Bank is asking for Registered Copy of Encumbrance Certificate. I recently got an Encumbrance Certificate on 1st Aug 2018, but, they are asking for latest one and they are saying, a registered copy of Encumbrance Certificate is valid for only 15 days from the date it is issued. Pls. let me know whether this is correct.
Regards,
Sevarkodiyon Krishnasamy.
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