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Ramesh (-)     07 February 2010

Encumberance Certificate

In TamilNadu, I understand that in most of the regd offices the electronic data is available from 1-1-1987. If someone buys a property, free of all encumbrances w.e.f 1.1.87 until now, is he safe by all means? While buying any property, for what preceding period we have to ensure that is free from all encumbrances?



 3 Replies

A V Vishal (Advocate)     07 February 2010

As per current situation an EC for 12 years is sufficient and for a much longer period viz 30 years is favourable for mortgages.

Parthasarathi Loganathan (Advocate)     07 February 2010

Apart from obtaining EC for the said period of 12 to 30 years, it is better that proper verification of parent documents and the entries to be mapped with the Registered details available with the title deeds. I have come across number of disputed title deeds, ECs, etc when borrowers approach us for credit facilities.  Buyer must ensure physical verification of entries at the Registrar's office.

g s pandey (advocate)     09 February 2010

go far title search through lawyer for a period at least 30 years, so that you can verify, whether at some point of time the title of this land was vested in government body or not. 


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