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Rajendra Nath Dikshit
rajendra Nath dikshit
8 Years Exp
Encumbrance Certificate (Show More)
Gurgaon , Gurgaon Sector 45
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Information
Overview
An encumbrance certificate is evidence that the property in question is free from any monetary and legal liabilities. It is evidence that the property can be sold as a free title and the ownership will come to you without any associated baggage.
This is a document that you will be able to procure from the registration authority’s office
It is your assurance that the property you are about to invest in is clear of any legal dues and has a marketable title.
Reference
Encumbrance is simply a reference to any liabilities in the form of a mortgage or a loan against the property that has not been cleared. The encumbrance certificate is provided from the sub-registrar’s office where the particular property is registered.
All the details of any transaction on the property will be listed in it. It is important for you to get this certificate if you plan to buy the property, take out a home loan for it or take a loan against it. In all cases, governmental authorities will insist on a 13-30 years encumbrance certificate.
The information
When issued, the information will pertain only to the period that is specified and not more. All the details mentioned in the certificate will be based on the extract from the register with the sub-registrar. This in turn is based on the documents that the registrar had registered with him.
There are, however, a few documents that need not be registered and the essence of these will not be present in the encumbrance certificate. Such documents that are excluded do not fall under the scope of the Registration Act 1908.
These excluded documents are the equitable mortgage papers, where all the original documents are kept with the bank and are not registered with the registrar's office.
There are also testamentary documents and leases which are for a period less than a year. Some other documents that can be excluded are related to oral tenancy, tax liabilities as well as prior unregistered agreements like documents based on a family arrangement or an unregistered will.
You need a 'no encumbrance certificate' if you want to mortgage the property for a loan. If you want to get your certificate you will need to apply for it with a Form 22 with a Rs. 2 non-judicial stamp affixed.
This is addressed to the tahsildar and will have to provide the residential address and the purpose for which the certificate is needed.
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Name : rajendra Nath dikshit
Law Firm Name : Rajendra Nath Dikshit
Country : India
City : Gurgaon
State : HARYANA
Practicing Since: 2017
About Your Firm : I am a retired Chief Manager from PSU Bank having a long experience in the line of verification of property/revenue matters as i was posted as branch incumbent for last 15 years and handelled various credit portfolios.
| Sr Employee Associated | Sr Employee Enrollment/Reg.No | Sr Employee Enrollment/Reg.State |
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| Jr Employee Associated | Jr Employee Enrollment/Reg.No | Jr Employee Enrollment/Reg.State |
Legal Opinion/Title Certification ( Apartment/Builder Floor )
Procure Specific Property Document(s) ( Certified copy of registered GPA/SPA )
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Procure Specific Property Document(s) ( Certified copy of registered documents )
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Procure Specific Property Document(s) ( Encumbrance Certificate )
Agreements/Deeds(Bulk) ( Agreement of Sale with GPA & Possession )
Procure Specific Property Document(s) ( Khata / Khata Extract )
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Subject : Power of attorney of house
Question : My house is on name of my grandmother. There are no any nominee or will or power of attorney of house. There is only dastaveg of house which is on name of my grandmother. But she is no alive. What is the prosidure to make that property on name of my grandfather. There are no any proof of marriage.
Answer by Rajendra Nath Dikshit : You may apply for succession certificate in local court, after getting the same in your favour, you will be absolute owner of the house.
Subject : Registration of property
Question : Hello, I want advice on property registration. I have flat of 900 super built up area in Patna which I want to sell for Rs 27 lakhs. A buyer has agreed and an agreement has been made accordingly. However as per valuation the value of a property of 900 sq feet in my area is Rs 36 lakhs. Now the buyer wants to register the sale deed at Rs 36 lakhs. As payments will be made to my bank account, what will be the legal aspects and tax problems as payment amount will be Rs 27 lakhs,and I shall have to pay income tax accordingly. Please advice on the course of action to be taken. Thank you
Answer by Rajendra Nath Dikshit : You can get it registered for 27 lacs but you have to pay stamp duty on 36.00 lacs i.e. as per circle rate.
Subject : Property Fraud
Question : I purchased 3 non-NA plots from a seller on the condition that he will NA those plots in next 3 months. After 3 months, he started making reasons that the land has some problems. He asked us to wait for some time. Now Its been 7 years and he is giving me the same reason. I requested him to at least pay the money back but he is unnecessarily delaying that for the past 1 year. The seller is neither interested in giving me the plots nor the money back. How can I file a case against that fraudulent seller? Or what could be the best way to recover my money?
Answer by Rajendra Nath Dikshit : Now, you can go to the court claiming the plot be registered in your name otherwise your money should be got refunded.
