Encumbrance certificate: why you cannot skip it

TL;DR

An Encumbrance Certificate (EC) is a Sub-Registrar’s certified statement of all registered transactions on a property.
Format 15 shows transactions in a period; Format 16 certifies no transactions exist — you want Format 15 covering the last 30 years.
Any pre-existing mortgage, lis pendens, or gift deed will show up on EC — hidden liens do not.
Cost: ₹200–₹2,000 per state; processing 2-14 days. Non-negotiable.

What EC protects you from

Any registered claim against the property: existing mortgages, pending litigation, family partitions, easement rights. EC is your single best defence against buying someone’s hidden legal problem. Without it, you could end up litigating with a third-party claimant for years.

How to request an EC

Apply at the state’s Sub-Registrar office (online in Karnataka, Telangana, Maharashtra, Tamil Nadu; offline-only in West Bengal, some NCR districts). Ask for 30-year EC; 15-year is the legal minimum but 30-year is standard practice for high-value transactions.

What to look for in the EC

(1) Chain of title: every registered transfer listed in order. (2) No gaps: unexplained gaps suggest missing deeds or off-registry transfers — red flag. (3) No mortgages: any mortgage must be released (noted as “satisfied”) before sale. (4) No adverse entries: court attachments, tax liens, family partition suits.

FAQs

Does EC cover unregistered transfers or oral agreements?

No — this is why EC alone is insufficient. Pair with a title search + seller affidavit that no unregistered claims exist.

Who pays for EC, buyer or seller?

Custom varies. Typically the buyer requests and pays. Fold the cost into your closing budget; never accept the seller’s EC at face value — apply independently.

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