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Encumbrance Certificate for bulding under construction


01-May-2023 (In Property Law)
I am going to purchase an apartment in a building which is still under construction. Most of the construction is over.The builder has promised me that he will complete the work and hand over the apartment within the next 3 months. He has given the EC which is up to date for the whole building and the land.

If it is necessary to get the EC before registration for the apartment which i am going to purchase, how can I get it when it is not recorded in the sub registrar office?
Answers (1)

Answer #1
417 votes
Encumbrance certificate is the certificate issued by the Registrar pertaining to a particular piece of land about the transaction made during the period you apply for. The sale, mortgage, settlement, Will, Gift or other deeds etc and the parties executed and beneficiaries, date of transaction, amount etc will be there for that period.

Since builder has given you the EC, you can after obtaining opinion from your lawyer to purchase the property. Obtain a certificate from your lawyer that title is clear and marketable.

You can also visit the concerned register office and file an application with a small fee. They will provide with up to date of the property details.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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