Know about the details of encumbrance certificate
An Encumbrance Certificate is a document issued by the Registration Authorities which is an important document relating to title and its investigation vis-à-vis immovable properties. Encumbrance Certificates are issued either in Form No.15 or Form No.16.
The Encumbrance Certificate in Form No.15 records and reflects all the transactions occurred in respect of an immovable property be it a sale, lease, mortgage, gift, partition, release, etc., which have been registered before the registration authorities and recorded in Book - I maintained by the Registration Authorities for any particular period for which the encumbrance certificate is sought for. An Encumbrance Certificate in Form No.15 plays an vital role in investigation of title since certain transactions reflected therein especially parent deeds and documents which are not in the possession of the present owners, may be applied for and obtained in the form of certified copies from the registration authorities which would help in the understanding of the tracing and flow of title in relation to any particular immovable property. An Encumbrance Certificate in Form No.16 is issued by the registration authorities only when no transactions have occurred in respect of an immovable property for the period pertaining to which the encumbrance certificate is applied. Apart from the transactions generally recorded in an Encumbrance Certificate, there are certain other transactions relating to immovable properties and other matters which will not find a place in an encumbrance certificate mainly because, such documents are not compulsorily registrable under the Registration Act, 1908.
The documents of this nature and other matters are listed below for easy reference to the reader. The transactions and matters, which will not appear in an EC, are mentioned below:
Oral Tenancy / Litigation in Courts (Lispendens)
Tax liabilities / Unregistered mortgage by deposit of title deeds
Prior Unregistered Agreements / Oral Partition / Family Arrangement
Oral gift under Mohammedan Law
Unregistered Will / Rights and Interests held through Partnership Firms, Association of Persons, Societies including Co-operative Societies, Companies etc.
Unregistered Agreements, M.O.U's, General Power of Attorney/ Rights of Third Parties not directly recorded in documents
Orders and Decrees of Courts, Statutory and Tax Authorities Rights through possession, Part Performance and Equitable Title under Section 53-A of the Transfer of Property Act 1882.
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