Thursday, April 18, 2019

Request Letter for Nil Encumbrance Certificate for Property

What is an Encumbrance Certificate (E.C.)? : An Encumbrance Certificate is a government record showing registered transactions pertaining to a particular property. In case mortgages, sales or any other deeds with regard to a specific immovable property are registered, then the Registration Department of a State Government does an indexing of these transactions. This indexing is finally used to prepare the encumbrance certificate for the requested immovable property.

Nil Encumbrance Certificate (Nil EC):
Request Letter for Encumbrance Certificate for Property (Sample)
If no deeds of transactions are registered with regard to a specific property as requested in the application, the authority issues nil encumbrance certificate. This means there are no registered transactions / liabilities on the property for a given period of time.

There may be some unregistered transactions which can not be included in this certificate since such details will not be available with Registration Department as they are not registered.


Fee:
Applicants will have to pay statutory fees at the Sub Registrar's office as fixed by the Govt. or can be paid online if such facility is available. Applicant can verify the records personally, after such fee payment..

Imp. Note: Encumbrance Certificate cannot be taken as a sole criterion to buy a property or lend money.

Where can a citizen get Encumbrance Certificate (E.C.)?

The Encumbrance Certificates are generally issued by Sub Registrar and District Registrar Offices, in whose jurisdiction the property is located.

After the receipt of the application, the same is sent to Sub-Registrar in whose office the ownership document has been registered, for enquiry and report. In case the report is favourable, the requisite certificate is issued to the applicant.

What all documents are required to be submitted?

The criteria of documents required is decided by each state govt department, but most of them are almost the same.

(a) Application letter in a plain paper or Application form provided by Govt office;
(b) Documentary evidence original copies for proving property ownership in the applicant's name.
(c) Affidavit of applicant - regarding the ownership of the property in question and also that the said property is free from all sorts of encumbrances;
(d) Affidavit from two advocates that the property is free from encumbrance;
(e) Local address proof viz. Ration card copy duly attested by a Gazetted Officer;
(f) Other documents as may be asked for by the Sub-registrar office. Please enquire in advance.




When the Certificate will be issued?

After filing of application, you can expect for a response, normally within 15-30 days.

Online Application for Encumbrance Certificate (Online/Digital eEC)

Some of the States are making available the citizens, through online website or apps, to search on their own the Encumbrance on any property registered in Sub Registrar Offices.

Following application letter can be referred while applying for an Encumbrance Certificate.

SAMPLE
(Application Letter)

Date: .......................

From,
(Name of the Applicant)
(Full Address)
(Phone no.)

To,
The Sub Registrar,
(...... Sub-registrar Office)
(Address)

Sub.: Application for issue of an Encumbrance Certificate (EC) for the Property

Dear Sir/Madam,

I kindly request your goodself to issue me an “Encumbrance Certificate” of the Property, mentioned hereunder:

Details of the Property:

1) Property situated at :-

Building: ...............................
Street/ Road: .................................
Village / City : ...............................
Taluka: .................................
District: .................................
State: .................................
Pin code: .................................

Old Survey No. / Sub. Division No.: .................................
New Survey No. / Sub. Division No.: .................................
Block No.: .................................
Ward No. : .................................
T.S.No.: .................................

Old Door No.: .................................
New Door No.: .................................
Plot No.: .................................
Flat No./Flat Name: .................................

Area size:
  (a) Extent of the site
  Total Extent: ............. Conveyed extent: ............. Undivided share: .............
  (b)Built up area

Boundaries:-
  North: .................................
  South: .................................
  East: .................................
  West: .................................

In the case of certified copy furnish the following particulars also
  Name of the executant: .................................
  Name of the claimant: .................................
  Doc. No.: .................................
  Year: .................................
  Book & Vol. No.: .................................
  Page No.: .................................

Name of the declared owner: .................................
Father name: .................................

Period of search: The certificate be issued to me for the period from (date/year) to (date/year).

Necessary supporting documents are enclosed herewith.

I will be grateful if the certificate is issued at the earliest possible.


Thanking you,
Yours faithfully,

 (signature)
(Name of the Applicant)


Encl.:
(1) Original copies of property ownership.
(2) Affidavit by the applicant.
(3) Affidavit by advocates.
(4) Attested copy of Ration card.
(5) Other documents ..................

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