If you want to apply for an Offline Encumbrance Certificate, you must know the procedure for getting one in Karnataka. But now you must be wondering what an Encumbrance Certificate is, what documents are required for it, what process must be followed, and so on. We have everything for you. Let’s learn it in more detail.
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Introduction to an Encumbrance Certificate
An Encumbrance Certificate (“EC”) is a certificate issued by the office of the sub-registrar to provide the status of the encumbrances on the property. This has been done to avoid any kind of hardships that the parties involved in the transaction whether it is the Buyer or Lender have to suffer due to the title of the owners being defective. This is done with the purview to provide a good and marketable title to the prospective Buyers.
Who can be an applicant for obtaining an Encumbrance Certificate?
We are well aware that an EC is obtained to prove that the title of the Sellers is free from any encumbrances and that the future parties are getting a good and marketable title. Therefore, three parties can act as applicants for obtaining an EC. These are as follows:
- Registered Proprietor: A registered proprietor is the person under whose name the property is registered or their legal heirs can be the applicants for obtaining an EC.
- Buyers: The buyer is going to be the next proprietor of the property, so they can also apply for an EC.
- Power of Attorney: The person who has obtained authority under a POA, either from the Buyer or the Seller, can apply for an EC.
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What are the types of Encumbrance Certificates?
An applicant has an option out of the three types of ECs to choose from according to the requirements of the transaction and these three types are as:
- FORM 15: This type of EC is used by the applicants to request the EC for a specific duration. It can be for the last 20 years, 10 years, 5 years, etc.
- FORM 16: This type of EC is used when there are no entries to be displayed on the EC after the year 2003, and this can be displayed either when there is an error in the search or when the property is free from any encumbrances.
- FORM 17: This type of EC is used for searching the EC with the name of the owners. This type of EC is not considered ideal as there will be different persons registered under different properties.
Need for obtaining an Encumbrance Certificate
The need for obtaining an EC arises because of the below-mentioned reasons that make it obligatory for the parties to the transaction to obtain an EC and these reasons are as:
- Property Ownership: Property ownership is essential when it comes to selling the property, and obtaining a good and marketable title is the buyer’s objective. Therefore, with the help of an EC, the ownership of the property can be established clearly.
- Legal Status of the Property: This point is the continuation of the above as the Buyer is required to obtain the truthfulness and legality of the property and the ownership of the Seller, which can be possible with the help of an EC.
- Tax Records: If the owner has not paid the property taxes for 3 years, they will be required to be paid to the Village or the Panchayat office.
- Loans Approval: Before approving the loans on the property, the banks/lenders are required to inspect the EC to satisfy themselves that there are no encumbrances on the property.
- Resale Value: Properties with clean ECs are attracted to a higher value than properties whose ECs are not updated.
- Inheritance: An EC can help establish the chain of inheritance in the family, as the owners and their legal heirs can be identified.
- Mutation Records: A Mutation Record is the change/transfer of the ownership of the property from the Seller to the Buyer, and it needs to be disclosed to government officials after the successful completion of the transfer.
- Security to Lenders and Buyers: An EC can help establish a sense of security in lenders or prospective buyers, as they know that their interests are safeguarded and the property is free from any encumbrances.
- Fraud: A fraud can never be committed if the EC is clear as it gives the true picture of the property.
Documents required for an Encumbrance Certificate
There is a list of documents that the Buyer is required to keep with themselves while applying for an EC. These are as follows:
- An Application Form to apply for obtaining an Encumbrance Certificate
- The purpose of filing the EC is required to be submitted along with the application form
- The period for which EC is required
- Details of the Property
- Proof of address of the property
- Card of the Property (if available)
- Aadhar Card details of the applicant
- If the application is being filed or drafted under a Power of Attorney, then a copy of the same
- Previous documents executed on the property, whether it is a Sale Deed, Transfer Deed, Release Deed, Partition Deed, etc, with their registered number, book number, volume number, date, and the signature of the applicant
Applicable Fees for Encumbrance Certificate
The list of fees that the applicants are required to pay to obtain an EC is as follows:
- Application Fees is Rs. 5
- One year Search Fee for EC is Rs. 30
- Additional Year Search Fees is Rs. 10
Duration to obtain an Encumbrance Certificate
An EC is an important piece of property document and every person associated with a property transaction is required to obtain it. With the development of the Kaveri Portal, an online copy of the EC can be obtained within 2-3 days while an Offline EC can be obtained from the office of the sub-registrar within 10-15 working days.
The Procedure of Obtaining the Encumbrance Certificate Offline
There is a procedure that the applicant is required to follow to obtain and file an offline application for the EC. The below-mentioned steps are required to be followed:
- Filing the Form: The first step is to apply the FORM-22 to the office of the sub-registrar under whose jurisdiction the property is situated.
- Incorporation of the Information: The applicant is required to file the application form with the names of the two people as claimant and executor as provided in the registered deed, an exact description of the property along with the village details, and the property description must be the same as that of the property schedule. The application shall also consist of the duration for which the EC is being requested.
- Upload of the necessary documents: After filing all the relevant details, the applicant is required to upload all the property documents as mentioned in the
- Payment of the Fees: The applicant is then required to pay the fees. The fees for the whole year must be paid, even if the EC is requested for one month.
- Issue of the Application Number: After submitting of the application to the sub-registrar’s office, an acknowledgement in the form of an application number is issued for future reference.
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Tracking down the Status of the Encumbrance Certificate
After the filing of the application, the status of the application is required to be checked continuously online. The application can be tracked by following the below-mentioned steps:
- Kaveri Portal: The first step in tracking down the application online is visiting the Kaveri portal.
- Portal Login: The next step in tracking the application is to log in to the Kaveri portal by entering the applicant’s login credentials. If the user is new, a new account is required.
- Service Selection: The applicant must select the type of service from the available list and then enter their application number.
- Downloading of EC: If after entering the application reference number, the Portal shows an option to download the EC, then it can be inferred that it is ready. Otherwise, if the option is not visible, then the EC has not yet been approved by the sub-registrar.
Updating Details in the Ecumbarnace Certificate
The application for an EC is submitted by the applicant, who is also a human. Humans tend to make errors. Therefore, to curb the situation of clerical errors in the EC, the government has come up with a solution that enables the applicants to apply for a rectification deed in case any clerical errors are committed while applying for an EC.
What are the Contents of an Encumbrance Certificate?
An EC is an important document that gives the true picture of the property with its current status of the encumbrances. The contents of an EC are as:
- Name and the Details of the Property Owners
- Property Description as per the Sale Deed
- Transactions on the Property
- Registered Documents with the government officials
- Details of any loans
- Transactions for specific periods on the property
- Transaction Details, Document Number, Date of the Document, Name of the Party, Book Number.
Online Downloading the Encumbrance Certificate
We have already discussed the online tracking of the EC now the applicants can also download an e-EC from the Kaveri Portal itself. The process for downloading an online EC is as:
- Kaveri Portal: The first step in downloading the EC online is visiting the Kaveri portal.
- Portal Login: The next step in downloading the EC is to log in to the Kaveri portal by entering the applicant’s login credentials. If the user is new, a new account is required.
- Service Selection: The applicant must select the type of service from the available list and then enter their application number.
- Downloading the EC: If the option to download the EC is visible to the applicant, the applicant can easily download their copy of the e-EC.
Challenges and Solutions While Obtaining an Encumbrance Certificate
Some challenges are being faced by the applicants while obtaining an EC. We have come up with a solution where the applicants can try to mitigate the risks. The challenges and their respective solutions are as:
- Time-consuming: Obtaining an Offline EC is a time-consuming process compared to the Online Process. The solution for this issue is to use the Online application on the Kaveri Portal.
- Incomplete Transactions: Sometimes, when the EC is obtained, it misses out on some important transactions on the property. Therefore, the solution for this is to file the transactions with government officials regularly.
- Clerical Errors: ECs are obtained with clerical errors, and the solution to obtaining a correct EC is to file the rectification deeds as and when the errors have come to the knowledge of the applicant.
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Frequently Asked Questions
Q1. How to get EC Offline?
Ans1. An applicant may obtain an EC by visiting the office of the sub-registrar.
Q2. What are the fees for EC in Karnataka?
Ans2. The cost of obtaining an EC in Karnataka is Rs. 5 and for further Search the amount is Rs. 10
Q3. How many days does it take to get EC?
Ans3. To obtain the EC Offline, the sub-registrar must approve it within 15-20 days.
Q4. What is EC’s full form?
Ans4. EC stands for Encumbrance Certificate
Q5. What is the use of an Encumbrance Certificate?
Ans5. An EC acts as proof of the ownership of the property and also as proof that the property is free from any encumbrances.
Q6. What is FORM 3 in Karnataka?
Ans6. FORM 3 is a kind of mortgage deed executed on the freehold property in the state of Karnataka.
Q7. How many years of EC is required?
Ans7. An EC depends upon the requirements of the transaction and the parties. An EC can be obtained for 30 years.
Q8. What is FORM 22 in EC?
Ans8. FORM 22 is the application form that is submitted to the office of the sub-registrar if an offline application is filed for it.
Q9. What is FORM 17 in Karnataka?
Ans9. FORM 17 is used to file an Online application for EC in Karnataka.
Q10. Can I get EC before 2004 in Karnataka?
Ans10. Yes, the EC can be obtained manually from the office of the sub-registrar.