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Shambasiv (n/a)     24 November 2008

How to find encumbrance over property?

How do i would find out whether a property is under dispute or already mortgaged? How to find encumbrance over property?


 4 Replies

Natesan (Law)     24 November 2008

1. Apply for EC in the registrar office of the jurisdiction

2. If mortgaged in bank/private financial institution, then the seller wont be able to produce the orginal registered document and parent original document.

3. Apply for certified copy for the document in the registrar office and cross check with the given by the seller.

shashank manjrekar (Legal Consultant)     24 November 2008

Dear Shambasiv,

  • It can be find out  through investigation of title .

  • Investigation inter alia includes i) perusal/verification of title Deeds/other related documents ii) search at Sub-Registrar office, revenues offices etc; iii) issuacne of public notice in the news papers invitings claims/objection from public

  • In case the property is owned by the Company , you can take search at office of REgistrar of companies, where you can find out the mortgage/charge (if any) created by the company.

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     24 November 2008

Dear Shambasiv,  Apply for encumrbance certificate and peruse it.  But EC gives only registered encumbrances. Peruse and confirm whether the seller is in possession of original documents.  As there is possibility of creating equitable mortgage by deposit of title deeds,  in case such mortgages there will be no entries in the EC.  Get a legal opinion and as additional precaution to give publication in the newspapers about your intention of purchasing the property with details of the property and call for objections from any public.  This will help you in case of any dispute as later stage, you can take the plea of bonafide purchaser.

N.K.Assumi (Advocate)     26 November 2008

Ask for title investigation report from an escrow who will give you the details.

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