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Kuldeep Singh   11 November 2025

Which is exact document which states that house is morgage and legal free

1. Can the encumbrance certificate (EC) tell us if the property is already being fought for in a court in India ?

2. Generally Sub-registrar provide EC, who updates the EC when the property goes to court ?

3. Does the court give this information to the sub-registrar or not?

4. Does the bank's lawyer gives legal report after check both the sub-registrar and the court ?



 11 Replies

T. Kalaiselvan, Advocate (Advocate)     11 November 2025

You can find out the details through RC or you can engage a lawyer to apply for title search before the sub registrar office and let you know the details of earlier mortgage history.

Kuldeep Singh   11 November 2025

Originally posted by : T. Kalaiselvan, Advocate
You can find out the details through RC or you can engage a lawyer to apply for title search before the sub registrar office and let you know the details of earlier mortgage history.

RC ?

Sir, will the lawyer get details checked by the court also ?

kavksatyanarayana (subregistrar/supdt.(retired))     11 November 2025

Is there any case?  If anyone mortgages a property, it shall be indexed and reflected in EC.  Of course, some mistakes may occur while computing.

Dr. J C Vashista (Advocate )     12 November 2025

A registered mortgage can be found endorsed in the Sub-Registrar records of the property.

Inspect property records, which is generally uploaded (almost all states in India).

However, Mr. KAVK Satyanarayana ji, an expert on this platform can let you know authoritatively.

Kuldeep Singh   12 November 2025

Originally posted by : Dr. J C Vashista
A registered mortgage can be found endorsed in the Sub-Registrar records of the property.
Inspect property records, which is generally uploaded (almost all states in India).
However, Mr. KAVK Satyanarayana ji, an expert on this platform can let you know authoritatively.

Where will the court case be mentioned: Encumbrance certificate or Lawyer legal report ?

kavksatyanarayana (subregistrar/supdt.(retired))     12 November 2025

Even a lawyer or court opinion as recorded in EC.

Kuldeep Singh   12 November 2025

Originally posted by : kavksatyanarayana
Even a lawyer or court opinion as recorded in EC.

I thought that the EC would have mentioned only about mortgage/financial/title and not about court matter/litigation.

 

kavksatyanarayana (subregistrar/supdt.(retired))     12 November 2025

Court matters cannot be entered unless the court sends the particulars and notes the same in the registrar's office records.

Kuldeep Singh   12 November 2025

Originally posted by : kavksatyanarayana
Court matters cannot be entered unless the court sends the particulars and notes the same in the registrar's office records.

1. Encumbrance certificate and non encumbrance certificate both are same thing or different thing ?

2. Sub-registrar office provides both certificate or only EC ?

kavksatyanarayana (subregistrar/supdt.(retired))     12 November 2025

There is no non-EC.  If any transaction is done on the property, it is reflected in the EC  if the dates of transactions are mentioned in the EC application.  Otherwise, it shows NIL.

Kishor Mehta (CEO)     13 November 2025

It is very difficult to satisfy all of your queries with a positive response. It is indeed very difficult to ascertain whether or not a property is mortgaged, more so when the amount, it is mortgaged for, is considerably small in relation to its value. 

In several instance even Banks don't register mortgage deeds if the amount is small and the mortgagor is known to them. 


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