Non encumbrance certificate
pabhi22@rediffmail.com
(Querist) 25 June 2012
This query is : Resolved
Dear Sirs,
i want to buy a property from private builder so for paying 20% of my part i applied for non refundable PF to my dept. My finance dept. is asking for non encumbrance certificate from the builder. I have asked the same from the builder, but builder is refusing by saying that he does not have such type of certificate although if i need he can get it for me but for that i have to pay Rs.5000/- as a lawyer charges for arrangement of non encumbrance certificate.
In my opinion he should have the same otherwise he could not construct any thing over the land.
Kindly advise me what should i do?
Abhishek
Raj Kumar Makkad
(Expert) 25 June 2012
Non Encumbrance Certificate is required to be obtained from the office of Registrar after duly verifying the entire record. A builder cannot provide such certificate but the amount of Rs. 5,000/- seems on higher side. Bargain with the builder and get the work done without any delay.
A V Vishal
(Expert) 25 June 2012
I don;t know from which state you are from, however in AP to get the certificate the charges do not exceed Rs.200/-
K.K.Ganguly
(Expert) 27 June 2012
Your office is right in asking for the same as it will save you from being cheated. Non-Encumbrance Certificate means that your lawyer will make searches from the registry offices to check whether the property has been sold to some body else or not along with other things & after being satisfied, he will issue the said certificate. Try some other lawyer but make sure that he really makes the searches.
K.K.Ganguly
(Expert) 27 June 2012
Your office is right in asking for the same as it will save you from being cheated. Non-Encumbrance Certificate means that your lawyer will make searches from the registry offices to check whether the property has been sold to some body else or not along with other things & after being satisfied, he will issue the said certificate. Try some other lawyer but make sure that he really makes the searches.
