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Vinnu   05 June 2024

Why encumbrance certificate is showing other owners details aswell

Hello,

We recently purchased a land from a reputed builder in a gated community in Hyderabad. When i checked the encumbrance certificate recently, its showing my name, land details, extent, land boundaries all are correct along with survey numbers as per sale deed, however i see couple of other records exist on top of mine, when i observe these closely some of the survey numbers are common but the land boundaries for that record are different, it gave me little relief that its not double registered as the extent and boundaries are not matching but still not convinced why these owner details are shown on top my record?

I searched EC based on my registration 'document number' and selected all linked documents.

Note- The builder has multiple phases in the venture.

Any inputs please.?



Learning

 9 Replies

vasantharao venkatarao (Independent professional )     05 June 2024

From your post, the following emerge

1. Your details in relation to the property are correctly mentioned in the encumbrance Certificate and they are as per the sale deed registered in your favour , Hence as far as your interests are concerned, there seems to be apparently no concern.

2. The entries prior to your entry in the encumbrance certificate shows that some survey numbers are common while boundaries are different. 

Encumbrace certificates issued by the authorities are property specific and hence the question of double registration as apprehended by you may not be there. If the property has been subdivided from the Original situation there may be a case of some survey numbers appearing in common. Hence the entries above your entry in the encumbrance certificate may not cause any legal problem to you.

However to be on the safer side and by way of  abundant caution, you may seek a clarification from your builder 

 

V.Satya Venkata Rao 

P. Venu (Advocate)     05 June 2024

Any meaningful suggestion requires that the EC is perused.

T. Kalaiselvan, Advocate (Advocate)     05 June 2024

Mr. Satya Venkata Rao has given a clear information for the query raised,  I endorse his views. 

Vinnu   05 June 2024

Thank you Satya, Venu, Kalaiselvan. Please check the attached xls that depicts details from my EC (have put X for survey numbers), row number 4 has my entry inwhich some survey numbers shown are common in first 3 rows. 

1) Can we assume EC retrieving those records since there is atleast one survey number is common.?

2) Why survey numbers are common for all these plots though they are having different boundaries / extents? (note- these could be in different phases in same venture).

3) This is confusing as i searched with my registration document number but its retrieving other records too, when at the time of selling the prospective buyer would do the same and i think he will be concerned too.? is there any way that this can be corrected for mental peace.?

4) What does cancellation deed mean.?


Attached File : 1049665 20240605230434 ec details.xls downloaded: 9 times

Mr. Sumitra kumar (Advocate)     05 June 2024

Encumbrance certificate only checked to get if the property has charge or mortgaged. It doesn't say anything about title. What is your doubt?

 

Thank you.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 June 2024

The plot number and the land survey number are different. The survey number is the unique id number allocated to a piece of land in a rural area. However, the survey numbers are assigned to full plots, and under them, land parcels are assigned.3 Apr 2024

Vinnu   06 June 2024

It would be great if someone can look at the attached and provide inline response if possible please?

T. Kalaiselvan, Advocate (Advocate)     07 June 2024

It is advisable that you better consult a local advoacte to get more clarify on the subject matter in person because whatever information furnished here willl not clear your pre determined notion/understanding in this regard

Vinnu   07 June 2024

Thank you Ramachary and others, happy with your answers, but isn't the EC giving wrong notion of showing other entries when searched with my document num? 
Can someone look at my questions above please?, have attached a file of what EC is showing in my (above reply) case for better clarity.


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