Can advocate issue non encumbrance certificate of read more

CA Durgesh Chauhan (Querist) 06 May 2021 This query is : Resolved
Dear Sir,

Can advocate issue non encumbrance certificate of Land in Uttar Prdesh or only registrar have the only power to issue this certificate.

Thanks in advance

Durgesh Chauhan
Chartered Accountant

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Quick Summary

This discussion clarifies whether an advocate can issue a Non-Encumbrance Certificate (EC) for land in Uttar Pradesh. The consensus is that only the registrar or a constitutional authority has the legal power to issue an official EC. While an advocate can conduct searches, provide a title search report, and offer a legal opinion based on the findings, they cannot issue a certificate that holds legal enforceability as an EC.

Sankaranarayanan (Expert) 06 May 2021
registration authority only

Sankaranarayanan (Expert) 06 May 2021
Legal opinion can be given by lawyer

Advocate Bhartesh goyal (Expert) 06 May 2021
Yes,Advocate can issue non encumbarance certificate after inspection of 12 years record of property in sub registrar office/municipal office regarding mortgage,charge and title.

Hemant Agarwal (Expert) 06 May 2021
1. Advocate can issue "Title Search Report" relating to property. Advocate's Report CANNOT be classified as "EC Certificate" for any legal purposes. ONLY a "Constitutional Authority" has authority to issue EC Certificate, which shall have legal enforceability.

Keep Smiling .... Hemant Agarwal
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kavksatyanarayana (Expert) 06 May 2021
The advocate in person can search the records of SRO and if any encumbrance found he has to show it to the SR and get it certified by the SR but the advocate is not authorised to issue EC.

Dr J C Vashista (Expert) 07 May 2021
I fully agree with expert's advise and appreciate.
Registrar shall never entertain any application for issuance of EC Certificate, as desired.
The lawyer shall apply inspection of records and obtain its certified copy from concerned authorities including Sub-Registrar, Municipality, Tehsildar, Land Acquisition Officer, civil court and submit "Search Report".

Sudhir Kumar, Advocate (Expert) 07 May 2021
In case this certificate is required for obtaining HBA by govt servant then Distt Attorney can issue such certificate.

Pradipta Nath (Expert) 07 May 2021
Based on the search report, Advocates ought to only give his/her legal opinion on pros and cons of the property. In case any Advocate is providing certificates, it is his/her sole risk!

T. Kalaiselvan, Advocate (Expert) 07 May 2021
An advocate can issue a title search report if you have engaged his services for this purpose.
The advocate can render his opinion to the encumbrance certificate issued by the registration department in respect of the immovable proeprty which you are looking for.

krishna mohan (Expert) 07 May 2021
EC certificate can be issued by the concerned sub registrar after search of records for encumbrance. Nobody elese can issue a valid EC. But legal opinion can be given based on documents submitted on EC.

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