Given below is the step-by-step procedure to apply for Encumbrance Certificate in Bangalore:
- First, download the EC application form i.e. Form 22.The application should be addressed to the jurisdictional sub-registrar’s office, under which the property is registered.
- Fill the name and address details of the owner. In case a lawyer is applying for the EC on behalf of you, then they usually fill their details. This is just a placeholder.
- You will need to provide one photocopy of any previously executed deed of the said property. This can be previous sale deeds, partition deeds, gift deeds, release deeds, etc. The name of the deed that is being enclosed needs to be mentioned.
- The names of two parties in the above deed (for e.g. the seller and buyer in case of sale deed, or gifter and giftee in case of gift deed) should be entered as executant and claimant accordingly.
- The details of the property such as correct village name and the property description should be provided. The property description is the same as the complete schedule of the property* which you will find in the deed copies.
- It is very important that the time period for which the EC must be extracted is mentioned clearly in the application.
- Registered deed number, with date, book number, volume/CD number, and signature of the applicant should be affixed.
- The requisite fee needs to be paid according to the period of encumbrance requested. The encumbrance year commences from April 1st of a calendar and closes on March 31st, of the next calendar year. The EC is provided in the regional language which is Kannada. The fees have to be paid for one entire year, even if the duration of EC is only for a month. For the first one year, the fees will be Rs.35 and for each subsequent year, Rs.10 will be charged.
EC application will be given a number when applied and the same will be mentioned on the Encumbrance certificate when issued.
Note : *Schedule of the property is to identify the property and is typically divided into two to three sub-schedules. For example, in case of an apartment, Schedule-A identifies the larger extent of the property i.e. the Taluk, Hobli, Village and Survey number on which the apartment complex resides along with a description of its total area and its boundary. Schedule-B describes the exact unit or flat in consideration. Schedule-C, mentions the undivided share of the land (UDS) associated with the unit being transacted.
How long does it take to obtain an EC?
EC from 1/4/2004 onwards are available in computerized formats at the sub-registrar’s offices and can be obtained quickly within 2-3 working days.
ECs prior to 31/3/2004 dates have to be manually retrieved by referring to the Books at the sub-registrar offices. Retrieval of such backdated ECs will take longer and one has to wait at least two to three weeks.