What an Encumbrance Certificate is
An encumbrance is a legal claim on a property. A mortgage, a lease or an agreement to sell are common examples.
An Encumbrance Certificate, or EC, is issued by the Sub-Registrar office where the property sits. It lists every registered document for that property in the period you ask for.
A sale of land worth one hundred rupees or more must be registered (Section 17 of the Registration Act, 1908, and Section 54 of the Transfer of Property Act, 1882). So every real sale should appear in the EC.
If the office finds no entries, it issues a "nil" EC. That means no registered deal was found in that search.
What each entry tells you
Every line in an EC usually has these details:
- Document number and year. You need this to get a certified copy of the deed.
- Date of execution and registration. These show the order in which things happened.
- Nature of the document. Sale, mortgage, gift, settlement, partition, release, lease or power of attorney.
- Parties. Who executed the document and in whose favour.
- Value. The amount stated in the deed.
- Property details. Survey number, sub-division, extent and boundaries.
How to read it, step by step
- Check the property first. The survey number, sub-division and extent in the EC must match your sale deed exactly. One wrong digit can mean a different plot.
- Build the chain of owners. Start with the oldest entry. Each seller should be the buyer in an earlier entry. A gap in the chain is a question for the seller.
- Match the last owner to your seller. The latest sale or gift should be in favour of the person selling to you.
- Find every mortgage and its release. A loan shows as a mortgage. A closed loan shows as a release or receipt deed later. A mortgage with no release may still be open.
- Look for partitions and settlements. These show family shares. If the land came by inheritance, every legal heir may need to sign.
- Look for power of attorney sales. A sale signed by an agent is valid only if the power of attorney was genuine and still in force on that date. Ask for a copy of it.
- Look for agreements to sell. A registered agreement to sell to someone else is a warning sign. That buyer may have a claim.
- Get certified copies. For the key entries, get certified copies of the deeds from the Sub-Registrar (Section 57 of the Registration Act). Read the deeds, not just the EC.
What an EC does not show
An EC is a list of registered documents. Many risks never reach that list.
- Unregistered deals. An unregistered agreement or an oral family arrangement will not appear.
- Mortgage by deposit of title deeds. A bank can take a mortgage by simply holding the original deeds (Section 58(f) of the Transfer of Property Act). This often does not appear in the EC. Always ask for the original deeds.
- Court cases. A pending suit about the land usually does not appear. Under Section 52 of the Transfer of Property Act, a buyer during a pending suit is bound by its result.
- Other offices. If the area moved to a new Sub-Registrar office, older entries may sit in the old office. Ask for the EC from both.
- Tax dues and approvals. Property tax arrears, layout approval and building permission are separate checks.
Before you pay an advance
Put the advance in a written agreement. Make it refundable if the title is not clear. Pay by bank transfer, never in cash.
Ask the seller for the EC, the title deeds for the last 30 years, the latest tax receipt and the revenue records for the land. Have an advocate read them together.