When handling property and land transactions in Tamil Nadu, the Encumbrance Certificate (EC) is a crucial document.
The EC serves as evidence that the property is free from any legal or financial liabilities, making it a vital part of the property transaction process. In this blog post, we will discuss what an Encumbrance Certificate is, its importance, the process of obtaining it, and its validity.
What is an Encumbrance Certificate?
An Encumbrance Certificate provides the complete history of a property's registered transactions, including sales and transfers.
In Tamil Nadu, an Encumbrance Certificate is used to identify any potential 'encumbrances' on the property, such as loans, claims, or double registrations.
Currently, online Encumbrance Certificates in Tamil Nadu only contain data from 1975 onwards. This limitation exists because property records prior to 1975 have not been digitised. For details about transactions and registration documents before 1973, you will need to contact the relevant sub-registrar office.
Why do you need an Encumbrance Certificate?
Proof of Property Title
The EC serves as proof that the property title is clear, confirming that there are no pending legal disputes or mortgages against it.
Loan Approval
Banks and financial institutions often require an EC before sanctioning a loan against property.
Property Transactions
It is a mandatory document for buying or selling property, as it assures the buyer of the property's legitimacy.
Government Subsidies and Benefits
For availing certain government subsidies and benefits related to property, an EC is necessary.
How to download EC in TN?
In TN, the EC can be downloaded from the Registration and Stamps Department . (Official tnreginet)
The fastest way to download EC is by using the Landeed mobile app. Using Landeed you can download TN EC using survey number
Download Encumbrance Certificate (EC) using Survey No.
- Download the Landeed App: India's Fastest Online Document Search
- Choose Tamil Nadu State > Encumbrance Certificate
- Start typing your Village and Division and choose from one of the options. Example: Nanniyur, Karur, Trichy
- Enter your Survey Number. Example: 123
- Select your period of search. Example: 01-01-1975 to 05-03-2024
- Click Search
- Click Download to save it on your mobile
How to read Tamil Nadu EC (Encumbrance Certificate)?
The EC contains the following details for a property
Transaction History
Lists all transactions related to the property for the requested period.
Property Description
Here you can find information like
- Type of Property: Agriculture or Non Agriculture
- Plot No. of the Property
- Survey No. of the Property,
- Extant or Area of the Property,
- Boundaries of the property: a small description of properties in each direction (North, South, East and West)
- Village/Colony of the property
Document Number and Year and Date of Execution
The details of the sale deeds associated with a transaction are visible on the ECc. The sub registrar office, book number, document number and year of registration is visible for each entry.
Nature of Deed, Market Value, Consideration Value
The nature section records the type of transaction and deed. Here are some values you might encounter:
- Sale Deed: This commonly used deed applies in a direct sale of the property.
- Lease Deed: This deed is used when leasing the property.
- Deposit of Title Deed/Mortgage Deed: This deed applies when the property serves as collateral for financial purposes.
- Gift Deed: This deed is used when the property is gifted from one party to another, often during family successions.
- Release Deed: This deed applies when property claims are released. It is used during succession and in mortgages.
- Market Value, also known as guideline value, represents the government's base price for the property. It is used to calculate the stamp duty and registration fees.
- Consideration Value is the actual price paid by the buyer for the property.
Party Details for each transaction: Executant (EX) & Claimants (CL)
The encumbrance certificate also contains the party's personal details like the name of the party and family member details in some cases
EC (Encumbrance Certificate) vs Patta/Chitta
While the Encumbrance Certificate (EC) is an essential document, it is primarily useful for non-agricultural properties.
The Patta/Chitta, on the other hand, is a document used for agricultural properties. It provides details about the land, such as the name of the farmer, the nature of the land, and cultivation details.
It is advisable to download both the EC and the Patta. This is especially relevant in Tamil Nadu, where many properties have been converted from agricultural to non-agricultural. Having both the Patta and the EC provides a comprehensive history of the land.
Other documents required apart from EC
While EC’s are the first document that is checked for any property, you still need to check other important documents.
- Patta/Chitta give the details of agricultural properties, like name of land owner, type of soil, nature of land and cultivation details
- FMB/LP Maps gives a map of the survey number in the overall village
- Registered Document: Gives the complete terms involved during the transaction
When buying, selling, or conducting any property transactions, ensure you review all pertinent documents, not just the Encumbrance Certificate (EC).
Landeed is India’s Fastest Online Document Search for any property documents. You can get documents across 20+ states in India. Landeed is used by more than 10 lakh Indians to secure their property documents online.
For Tamil Nadu documents, use the Landeed app to download EC (Encumbrance Certificate) online, order Certified Copy of Sale Deed, download Patta/Chitta, FMB Maps, get Market Value, Town Survey Records, Property Tax receipts, Mortgage Report
