encumberance certificate
satish kumar
(Querist) 19 April 2009
This query is : Resolved
please let us know what exatly the basic checks before i buy a flat(3BHK) so that i will not be cheated by realtors such as the land is in letigation etc...
And please let us know what exatly mean by encuberence certificate.
ESTHERPRIYA
(Expert) 19 April 2009
Encumbrance Certificate shows the mortgages and other deeds registered to prior dates. Unfortunately the EC does not reveal about the litigations pending if any. TO safeguard this issue, you can incorporate a clause in the sale deed in case of litigations if any will make this sale deed void and it will be made good by the seller.
Y V Vishweshwar Rao
(Expert) 19 April 2009
It is true the EC will not show any Litigation - only shows the Register Transactions on the Property mentioned in EC
satish kumar
(Querist) 19 April 2009
I am looking to buy a flat ,please let me know what are the basic documents i need to check so that i can prevent getting cheated from property owners.
Y V Vishweshwar Rao
(Expert) 20 April 2009
generally the following documents are required ;-
1-Building Permission Copy
2-Title Documents of the property
3- All link documents -for period of 30 years
4-EC on the property
5-Title Verification report
Y V Vishweshwar Rao
(Expert) 20 April 2009
Regarding any disputes/litigation on the property ! as mentioned above any litigation will not reflect in the EC .
For Verification of any litigation, you have to approach local advocate and get it verified in the local courts suit registers to know whether there is any Litigation .
with regards !
adv. rajeev ( rajoo )
(Expert) 20 April 2009
Before purchasing, u go thru., the original sale deed and take information that whether the property is ancestral and self earned of the person who is selling the flat.
Then u take the entire property card, and more than 13 years encumbrance certificate, which clearly shows that is there any encumnbrances like bank loan for which the property is mortgaganzed. In the EC u will get all the deatial of mortgazes. Tax Paid to local authroties, and buidling compeletion certificate, etc., For furather details u contact the local lawyer.
Y V Vishweshwar Rao
(Expert) 20 April 2009
I Agree with you Mr Vadrali
The Title Verification Report by local advocate/ Bank Panel advocates includes all the above items specified by you !
with regards
