Encumbrance certificate reading

This query is : Resolved 
 

(Querist)
20 January 2015

Hi,
I am planning to buy a particular residential house with 5 cent plot in the surroundings of Ernakulam (Kochi, Kerala). When I checked the Encumbrance certificate, I see an entry like 'Principal Munsif Ernakulam Release Order', OS 195/88, in EP. 507/03, EA No 195/03

This entry was made in year 2003. From then onwards the property has been with my current seller.

I don't understand what does this Release order or case number indicates.
Is it Ok to purchase the plot.

Regards,
Soorya


Isaac Gabriel (Expert)
21 January 2015

If the property was acquired by Execution of the decree,you can puchase it.Consult lawyer before venturing to purchase.

N.J.S.Rajkumar alias narasimha (Expert)
21 January 2015

Well Advised by Senior Expert Mr.Isaac Gabriel

Rajendra K Goyal (Expert)
21 January 2015

All the documents need to be referred, consult local lawyer.

soorya (Querist)
21 January 2015

Thanks for the responses.
My current seller, who is in possession only after 2004 is not having any clue about this release order.
My local lawyer also suggested to get the case details/ judgment copy. From where to get it.

kavksatyanarayana (Expert)
21 January 2015

Obtain a judgment copy of OS 195/88, in EP. 507/03, EA No 195/03 from the hon'ble court of "Principal Munsif, Ernakulam". then you can get the details and proceed after consultation with your lawyer.

T. Kalaiselvan, Advocate (Expert)
Click to Talk
24 January 2015

The property was under litigation once upon a time and has been decreed but who knows whether there is any appeal pending against the judgement, so better verify the judgement and other details by getting a copy from the court and then on an opinion from the lawyer you may proceed.



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