Introduction
One such key document of property is the Encumbrance Certificate (EC), particularly when you are residing in Tamil Nadu. In purchasing or selling real estate in Tamil Nadu, applying to purchase a loan against that real estate, or conducting a legal search of the real estate, you will often require an Encumbrance Certificate. The Encumbrance Certificate shows the availability or lack of a financial or legal liability on the property.
The Tamil Nadu Registration Department has publicly made available encumbrance certificates through their official site, and this will eliminate certain time-consuming procedures and enhance transparency in the application process.
The guide will cover all the details of an Encumbrance Certificate, such as the meaning of an Encumbrance Certificate, reasons why you need one, the different types of Encumbrance Certificates, the documentation and fees required to submit your application, the duration it normally takes to get the Encumbrance Certificate issued, and the process of applying for an Encumbrance Certificate online.
What is an Encumbrance Certificate?
An Encumbrance Certificate is a document that is issued by the Tamil Nadu Registration Department through the Sub-Registrar’s Office (SRO). It contains details about registered transactions on a certain property over a determined time frame.
The Encumbrance Certificate can be a useful tool when conducting property transactions. The EC provides legal proof that property has a clear and marketable title.
Why is an Encumbrance Certificate Important?
The Encumbrance Certificate is important to property transactions for reasons such as:
Confirms the ownership of property
Confirms the property is free of registered loans
Required by banks before issuing a loan for a property
Prevents fraudulent transactions
Often required for property mutation or when dealing with legal disputes
Buyers cannot be assured that the seller has not pledged the property with another entity without an Encumbrance Certificate.
Benefits of Online Encumbrance Certificate Application in Tamil Nadu
The State of Tamil Nadu has an e-Governance initiative that allows individuals to apply online for an Encumbrance Certificate. Some of the benefits of applying online for an Encumbrance Certificate include:
No need to make multiple trips to the Sub-Registrar’s Office.
It takes less time to process.
The fee structure is clear and transparent.
Digital copies can be downloaded (in many cases).
Easy to follow the progress of your application through the online system.
Types of Encumbrance Certificates in Tamil Nadu
Tamil Nadu issues two main types of Encumbrance certificates (EC).
1. Form 15 ENCCUMBRANCE Certificate
This form provides details of registered transactions related to a property over the specified period.
2. Form 16 NULL Encumbrance Certificate
This certificate is issued when no property transaction or encumbrance has occurred during the stated period.
The applicant must indicate the requested timeframe for the EC, such as 10 years, 20 years, or 30 years.
Timeline and Fees for Encumbrance Certificate in Tamil Nadu
Timeline
Online EC (for recent years) can typically be obtained instantly or within a few business days.
Manual requests can take approximately 3 - 7 business days, depending on the Sub Register.
The estimated timeframes can vary due to factors including:
The location of the property
The number of records
The timeframe requested.
Fees
Fees are typically calculated based on the amount of time covered by the EC for which the application is made.
Typical fees charged in Tamil Nadu are:
An application processing fee
A search fee (per year requested)
As fees are subject to change per notice issued by the government, applicants should verify the applicable fees on the Tamil Nadu Official Registration Department's website.
Documents Required for Encumbrance Certificate in Tamil Nadu
To obtain an EC in Tamil Nadu, the applicant will generally need the following information/documents.
Property description, including: (a) survey number; (b) subdivision number; and (c) Patta number
Document number and year (if known)
Name of registered owner
Request period for EC
Address proof of applicant (if applying physically)
For online applications, most of the process is information-based rather than document-upload heavy.
How to Apply for an Encumbrance Certificate Online in Tamil Nadu?
The Registration Department of Tamil Nadu allows its residents to apply for an Encumbrance Certificate via their official website.
Step 1: Go to the Department’s Official Website
Head to the official Tamil Nadu Registration Department Website.
Step 2: Select the Encumbrance Certificate Option
Select the option for generating or viewing Encumbrance Certificates.
Step 3: Enter the Property’s Details
Enter your property’s details, such as:
Zone
District
Sub-Registrar Office
Survey number or document number
Search range
Your property’s details must be entered accurately.
Step 4: Pay the Required Fees
Complete your transaction via one of the payment options on the website.
Step 5: Download or Track
If you were able to complete your application online, then you will most likely be able to download your EC. Otherwise, you will need to monitor your application and pick up the EC at the Sub-Registrar’s office once it is complete.
Offline Application Process (If Required)
If you prefer to submit your application with a physical document (if your transaction was not able to take place on the website), you can usually do so by going to the Sub-Registrar’s office and either:
1. Taking a physical application for an EC
2. Paying the EC fee
3. Waiting for the verification of your application
4. Picking up your EC
This may take longer than the online application process.
Important Points to Remember
An EC will only show the transactions that have been recorded (so many agreements are not recorded due toa lack of registration).
Make sure that the “search range” you enter is long enough (typically 20-30 years for real estate transactions).
You may want to contact a property attorney if you are involved in a lawsuit related to this property, you are purchasing an expensive property or have other reasons to have a property lawyer along with your EC.
Conclusion
The Encumbrance Certificate issued by the Tamil Nadu Registration Department is a very important document in determining whether a person owns a property and whether there are any liens registered against that property. With the state of Tamil Nadu allowing the public to access online services through its registration department, it has made the process of acquiring an EC quicker, easier, and more transparent than ever before.
Acquiring an Encumbrance Certificate is an important part of any real estate transaction, whether you are buying property for yourself, applying for a mortgage, or confirming the validity of a record in a land book.
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