Encumbrance Certificate and Non-Encumbrance Certificate

One of the many documents that home buyers may need to complete their acquisition is an encumbrance certificate (EC). Since an EC is a significant piece of documentation for ensuring legal possession of a property, buyers must understand everything there is to know about it.

What is an Encumbrance Certificate?

An encumbrance is a charge placed on any asset; however, it is most commonly used in the context of real estate. A certificate of assurance that the property in question is free of any legal or monetary liability, such as a mortgage or an uncleared loan, is known as an Encumbrance certificate, or EC.

It is critical for a homebuyer to obtain an EC not only to secure his legal title to the property but also to be eligible for loans from most banks and financial institutions for or against it.

What Is a Non-Encumbrance Certificate?

An NEC, or non-encumbrance certificate, is issued to confirm that the property being offered to the bank as security is free of encumbrances. This indicates that the property in question is not linked to any other bank for the purpose of obtaining a loan and is wholly owned by the individual.

A fee or cost imposed on the property is known as an encumbrance. This occurs when a property is purchased with borrowed funds or has been presented as a security or collateral for a loan. A mortgage on the property could be used to secure payment of a debt or any other obligation. As a result, the word non-encumbrance, which means “without any burden,” refers to a property that has not yet been mortgaged.

Why Do You Need a Non-Encumbrance Certificate?

When you want to buy a house and take out a mortgage on it, you’ll need an NEC. An NEC for up to 13 to 30 years is required by all financial institutions and government authorities. No financial institution will offer you the loan you need unless you have this certificate.

What is the Difference Between the Encumbrance Certificate and the Non-Encumbrance Certificate?

The following is a list of the differences between an EC and an NEC:

• The encumbrance certificate is recorded in the government’s database of encumbrances.
• When there are no registered encumbrances against a property, a ‘non-encumbrance certificate’ is issued.
• Form 15 is used to issue an EC.
• Form 16 is used to issue an NEC.
• An EC normally takes 15–30 working days to get.
• An NEC normally takes 20–30 working days to get.

Who Issues a Non-Encumbrance Certificate?

The tahsildar – a tax official accompanied by revenue inspectors – issues the non-encumbrance certificate. Their job is to collect taxes from a land, which is referred to as a ‘tehsil’ in terms of land revenue. A tahsildar is often referred to as an Executive Magistrate of the land with which he or she is involved.

How do you obtain an NEC?

The Sub-office Registrar’s that has jurisdiction over your area can provide you with a No-Encumbrance certificate. To do so, you’ll need to follow the easy steps outlined below:

• Fill out Form 22 and include information about the property and the certificate’s purpose.
• Please include confirmation of your identity and address.
• Mention the property’s explicit details, such as the Survey Number, the Property Description, and any nearby properties.
• Mention the duration of the certificate’s validity. It is always granted for a one-year period, which corresponds to the Fiscal Year (Apr-Mar). So, if you need a certificate for the six months between June and December, you’ll obtain one for the entire Financial Year.
• Yearly requirements the certificate fee must be paid along with the application.
• If there are charges lodged against the property, the office may issue you a certificate in Form 15 after 15-30 days, and if there are no charges on the property, the office may issue you a certificate in Form 16. The certificate will include information such as the type of charges created, the date of creation, the amount of the charge, documents registered against the property, and so on.
• If there are charges lodged against the property, the office may issue you a certificate in Form 15 after 15-30 days, and if there are no charges on the property, the office may issue you a certificate in Form 16. The certificate will include information such as the type of charges created, the date of creation, the amount of the charge, documents registered against the property, and so on.

Can You Get an NEC Online?

Only seven Indian states offer online or computerized encumbrance certifications. Andhra Pradesh and Telangana, Tamil Nadu, Kerala, Karnataka, Gujarat, Orissa, and Pondicherry are among these states. Only a handwritten certificate can be obtained in the other states.

So, before you go out and buy your ideal property and approach your bank for a loan, make sure you have your non-encumbrance certificate in order.

Share this article on WhatsApp.

Also read:

Encumbrance Certificate: Why it is Important for Home Loan?

MahaRERA: Maharashtra Real Estate Regulatory Authority

RERA Act: Benefits, Eligibility and Registration Process of RERA Act

Section 24 of Income Tax Act: Check Deduction for Home Owners

How Stamp Duty and Registration Charges are Calculated on Property?

Apply for Home Loan: Step by Step Guide to Home Loan Procedure