Encumbrance Certificate: What It Shows and How to Get One in India

Before you buy a property or take a loan against it, you need to know whether it has any legal or financial burden attached to it. A mortgage, an unpaid loan or a registered dispute can all follow the property to the new owner. One of the simplest tools to check for these registered burdens is the encumbrance certificate, often called the EC.

In short: An encumbrance certificate is an official record of registered transactions on a property over a chosen period. A clean EC (a non-encumbrance certificate) shows no registered dues or charges in that period. It is useful, but it does not prove that the seller has good title, so use it with the other checks.

What an encumbrance is

An encumbrance is a claim or burden on a property that can limit your rights as owner. Common ones include:

a mortgage or loan secured on the property,
a registered lien or charge,
a lease or agreement registered against it,
a registered sale, gift or transfer that has already happened,
a registered court order or attachment in some states.

What an encumbrance certificate shows

An EC is issued by the registration department, usually through the sub-registrar's office. It lists the registered documents relating to the property in the period you ask for. It typically shows:

details of the property (survey or plot number, area, boundaries, location),
the document types and dates, such as sale deeds and mortgages,
the names of the parties, and
the registration numbers.

There are two forms commonly mentioned:

A certificate listing transactions (often called Form 15 in some states): if there were registered transactions in the period.
A non-encumbrance certificate (often called Form 16 in some states): if there were none.

Form names and numbers differ by state, so use the names your state uses.

What an EC does not show

This is where many buyers go wrong. An EC is not a title certificate. It does not prove:

that the seller is the true owner,
that the document chain is valid,
that there are no unregistered agreements or oral claims,
that there is no dispute pending in court (unless registered),
that the land use, approvals or boundaries are right, or
that taxes and dues to the government are paid.

Use the EC with the checklist in documents to check before buying property and a lawyer's title search.

Why you need one

Buying a property. To check for registered mortgages and prior sales.
Taking a home loan. Lenders ask for an EC as part of the legal check. See home loan documents and the approval process.
Selling. A clean EC helps a buyer trust the deal.
Mutation. Some offices ask for it. See dakhil-kharij in Bihar.
Settling disputes or inheritance. To trace past transactions.

How far back should the EC go?

A common practice is to take an EC for at least 13 to 30 years, because lenders and lawyers want to see the chain of transactions over a long period. Many lawyers prefer a longer period, back to the earliest deed you have. Ask your lawyer or lender how many years they require. If the property has changed hands many times, you may need to take several certificates covering different periods.

How to apply

The process varies by state, but most follow the same pattern.

Online

Many states let you apply on the registration department's website:

Register or log in on the portal.
Choose the EC or search service.
Enter the property details, such as district, sub-registrar office, survey or plot number, and the period.
Upload the documents the form asks for.
Pay the fee online.
Note the application number and track the status.
Download the certificate when it is issued, or collect it from the office.

Offline

Visit the sub-registrar's office that covers the property.
Fill in the application form with the property details and period.
Attach identity proof and the supporting papers.
Pay the fee.
Collect the certificate when it is ready.

In Bihar

In Bihar, the Registration Department provides online services through its portals. Third-party guides describe a process of applying on the state's registration portal, paying a fee that depends on the period requested, and tracking and downloading the certificate through the state's online services portal. Because websites and fees change, and the guides we found were not official, go to the Bihar Registration Department's website, or ask the district sub-registrar, to confirm the current portal, fee and processing time.

Documents you usually need

Identity proof of the applicant.
Property description with survey or plot number, khata or khesra number in land cases, and boundaries.
A copy of the latest sale deed or other title document.
The period for which the EC is needed.
An authority letter or power of attorney, if someone applies on the owner's behalf.

How to read an EC

Check the property details match your documents exactly. A wrong survey number or boundary can make the EC useless.
Check the period covered. Does it cover the full time your lawyer asked for?
Look at each entry. Sale deeds should connect in a chain, with each seller being the previous buyer.
Look for mortgages. If there is a mortgage, find out whether it has been released, and ask for the release or no-dues letter.
Look for gaps and unfamiliar names. An unexplained transfer needs an explanation.
Check for old agreements and leases that may still be in force.
Ask the seller to clear anything that appears before you pay the main amount.

Red flags

A transaction in the EC that the seller does not mention.
A mortgage with no release shown.
A different owner's name in the latest entry.
A property description that does not match the one you were shown.
A seller who will not allow you to take an EC.

Frequently asked questions

What is the difference between an EC and a title deed?

A title deed (such as a sale deed) is the document that transfers ownership. An EC is a record of registered transactions that affect the property. The deed shows how the owner got the property. The EC shows what has been registered against it.

How long is an EC valid?

An EC reflects the position up to the date it is issued. For a purchase, lenders and lawyers often want a recent one, so take a fresh certificate close to the deal and check again before registration.

Can I get an EC for a plot or agricultural land?

Yes, if the transactions are registered. For agricultural land you should also check the land revenue records, which show the owner and the status of rent payments. See how to check Bihar land records online.

Does an EC show unregistered transactions?

No. It shows only registered documents. That is another reason to check the physical possession, the revenue records and the seller's papers.

Procedures, form names, fees and the number of years covered differ by state. This guide is general information, not legal advice. Take advice from a property lawyer before a major purchase.