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Baskaran Kanakasabai (entrepreneur)     21 December 2019

Page 7 of part ii of "land acquisition beyond...."

page 7 of part II

Hence, the question, in the present case, is to be decided on the basis of the nature of the duty and function, and also whether the performance of such duty or function is a service or facility for consideration.

 

For deciding this question we would refer to the relevant statutory Rules. The Rules which provide for grant of encumbrance certificate are provided in Chapter 19 of the Registration Rules framed by the State of Tamil Nadu.

 

Rule 143 provides that : A certificate of encumbrance shall contain a complete list of all acts and encumbrances affecting the property in question.

 

This would mean that the encumbrance certificate should contain a complete list of all encumbrances affecting the property in question. If that is not done, the vendor or the purchaser of the property in question would be seriously prejudiced, which, in most of the cases, would result in litigation and disputes. Therefore, if the encumbrance certificate does not contain the complete list of encumbrances affecting the property, then, it would be 


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 1 Replies

P. Venu (Advocate)     28 December 2019

Please post simple facts

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