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Encumbrance certificate for a site in survey number

(Querist) 31 January 2012 This query is : Resolved 
Dear All,

Good Evening.I have a query.
i am planning to buy a site (30x40)which is formed in Survey number.i have obtained a RTC of the Survey number to ensure the owner.and the owner name was reflecting in RTC, but my concern here is since the site which i am planning to buy a vacant site, what is the guarantee that the same site was already sold to other person.since RTC rill not show the site owner name. how to proceed in this. in case if i register this site in my nae, what are the next steps that i should take so that the old owner should not try selling the same to others as well. and also i heard EC can be obtained only for the land registered as guntas in survey number not for site wise... Please correct me if am wrong.

Thanks in Advance
Jeevan
Raj Kumar Makkad (Expert) 31 January 2012
Jeevan! It shall be good to have detailed search report from the lawyer who shall confirm from various registers and shall even obtain the affidavit of the owner/seller to the effect that he has not sold the site to anyone prior to that date.

You after fully been satisfied with the search report can go ahead and should also get it published in a wide circulated news paper that you are going to purchase the particular land and from ..........and if anyone has any claim thereto may contact you on or prior to ...date at ...address or cell no........otherwise no claim shall be entertained thereafter.

After purchase of land. you should get it duly entered in the relevant register and should get it published in news paper so that none may become greedy.
jeevan (Querist) 31 January 2012
Thanks MR. Raj,

I do follow the safety instructions as mentioned, but can you clear my query that , Will EC contain the site details registered in the particular survey number if the site is registered as sq ft wise( lie 30x40 site of 1200sq ft),???

Thanks
Jeevan
Raj Kumar Makkad (Expert) 31 January 2012
No. This is not necessary to mention survey no. with full description in EC as you opined. Even share without description can be described in EC.
Bhumik Dave (Expert) 01 February 2012
u should published a public notice in newspaper in respect that u are willing to purchase said property, and if any other has any right on this premises, objection made with in 15 days time.
jeevan (Querist) 01 February 2012
Hello Mr. Raj,

i think you got me wrong. my query was if a site has been registered in a survey no. land, and when you extract the EC of that survey no. land, will the registered site details are visible in the EC like form 15 of EC containing the transaction details and form 16 of EC saying NIL transaction.please note that the land is registered as site and not as gunta's.

Thaks
jeevan


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