Everything You Need to Know About Possession Certificate in India

Importance and How to Apply for a Legal Heir Certificate in Delhi

Losing a loved one is a difficult experience, but life goes on, and there may be legal and financial matters that require attention. A Legal Heir Certificate in Delhi is a crucial document that serves as official verification of inheritance rights. This certificate simplifies the process of claiming assets like property, bank accounts, or investments by legally establishing the deceased’s heirs. Obtaining a Legal Heir Certificate in Delhi is a relatively straightforward process, but it’s important to understand the requirements and procedures involved.

To guarantee that the right person is selected as the legal heir, a certified copy of a document that is known as the legal heir certificate must be presented. The legal heir certificate contains details on all living members of the family, such as their names, ages, ties to the deceased, and whether or not they are married. In the interest of your convenience, this page will walk you through the steps required to apply for a legal heir certificate in Delhi.

Legal Heir Certificate in Delhi

A legal heir certificate in Delhi is a document issued by the government that specifies the legal inheritors of a deceased person’s estate. This certificate is required for various purposes such as claiming property, bank accounts, or other assets of the deceased.

The Importance of a Legal Heir Document

If the head of the family suddenly dies away, the person next in line is accountable for looking after the family’s belongings and ensuring that they are adequately cared for. The most important reason for doing so is that we want to respect and continue the custom of our family. It is possible to make use of this certificate for the other reasons that were indicated above.

They are required to transfer several items such as the electricity connection, housing tax, telephone connection/data transfer, and bank account. In addition, if a government worker passes away, the certificate is required to be eligible for a family pension and be appointed on compassionate grounds. If you do not have the Delhi legal heir certificate, none of these things will be possible.

Legal Heir Certificate Procedure in Delhi

Here’s a detailed breakdown of the legal heir certificate procedure in Delhi:

Application Submission

1. Location: You can apply at either the District Court or the Taluk/Tahsildar office in your area.
2. Application Form:
   • Obtain the designated application form for a legal heir certificate.
   • You can usually get this form from the concerned office itself.

Document Requirements

• Completed Application Form: Ensure all details are filled accurately.
• Death Certificate (Original): This is mandatory proof of the deceased.
• Identity Proofs:
  • For the applicant (you): Aadhaar Card is preferred, but other government-issued IDs like Voter ID, PAN Card, Passport, or Driving Licence are also accepted.
  • For all legal heirs: Identity proof of each heir (same options as applicant).

Verification and Issuance

1. After submitting the application and documents, the authorities will verify their authenticity. This might involve local inquiries.
2. Upon successful verification, the legal heir certificate will be issued to you.

Legal Heir Certificate East Delhi

The process for obtaining a legal heir certificate in East Delhi is the same as the general procedure for Delhi outlined previously. You can apply at either the East District Court or the Taluk/Tahsildar office in your area that falls under East Delhi. While there’s no fully online application system, the East Delhi government website (https://dmeast.delhi.gov.in/) offers a downloadable application form for a “Surviving Member Certificate” (the term used for legal heir certificate in Delhi).

Obtaining a legal heir certificate in South Delhi, and New Delhi follows the same general procedure as Delhi as a whole.

Important Aspects of the Legal Heir Certificate in Delhi

The following is a list of the benefits that come with owning this document:

• Must make a public statement about the link between the deceased individual and the successor.
• To acquire advantages such as insurance, pensions, retirement packages, provident funds, gratuities, etc.
• To get work, for example, sympathetic appointments.
• To benefit from several other government programmes.

Required Documents to Avail a Legal Heir Certificate in Delhi

To be eligible to apply for an online legal heir certificate in Delhi, an individual has to have the following documents in their possession:

• An application form that is filled out and signed
• Document confirming the individual’s death
• Identifying documents or cards of rationing heirs who are qualified to receive an Aadhaar card and a ration card

Anyone who is a direct or extended family member of the deceased individual has the right to submit a request for a legal heir certificate application form in Delhi. It might be any one of the following, in any combination:

• Spouse of the deceased person who died away
• The lone son of the deceased managed to survive.
• Mother of the one who has passed away
• The surviving daughter of the deceased.

Legal Heir Certificate Delhi Format

There isn’t a universally prescribed format for a legal heir certificate in Delhi. The format might slightly differ depending on the issuing authority (District Court or Taluk/Tahsildar office). However, it will generally include the following details:

• Issuing Authority: Name and emblem of the issuing government office.
• Certificate Title: “Legal Heir Certificate” prominently displayed.
• Details of Deceased: Name, Date of Death, and Residential Address.
• Legal Heirs: This section will list all legal inheritors. For each heir, it should specify:
  • Full Name
  • Relationship to the deceased (e.g., Son, Daughter, Spouse)
  • Address (optional)
• Issuance Details: Date of issuance and certificate number for reference.
• Authorised Signature: Signature and designation of the issuing officer.

Critical Information that is needed for Legal Heir Certificate in Delhi 

The following is a list of the essential information that must be known about the deceased person for a legal heir certificate online in Delhi:

• The deceased individual’s first name
• Information on the individual members of the family
• The signer’s signature on the application
• The date the application was submitted

The Steps that need to be taken to Apply for a Residential Address

The application procedure that must be adhered to get an online legal heir certificate in Delhi is outlined in the following paragraphs. The only persons qualified to apply for this certificate are the rightful heirs of the deceased once they have obtained a copy of the death certificate.

Step 1: You first need to go to the office of the taluk or tahsildar.

The applicant is obligated to get in touch with the Taluk or Tahsildar office that is situated nearest to them to complete the application process. Additionally, the applicant can submit their request for the certificate to a District Civil Court located in the surrounding area.

Step 2: You will now be given the application to fill out.

It is the responsibility of the applicant to get the application form from the entity that is responsible for handling the subject.

Step 3: Complete the Form with the Necessary Information

The subsequent step for the potential worker is to fill out the employment application with all of the required information.

Step 4: The documents should be attached.

The prospective applicant must attach all of the essential supplementary documents that are required to the application form.

Step 5: The application must next be submitted

The authority in charge of the situation requires the potential candidate to hand over the application form after it has been filled out in its entirety.

Step 6: Process of Verification.

After the application has been submitted for the legal heir certificate in Delhi online, the local tax officials and the administrative authorities of the village will check it to ensure that it is complete and accurate.

Step 7: The issuance of the certificate is the seventh stage.

The applicant will be eligible to get the certificate if they have shown that they have completed all of the requirements.  In Delhi, the fee for obtaining a legal heir certificate is approximately ₹100 to ₹500, depending on various factors. To obtain a legal heir certificate, a nominal fee involving a Rs. 2 stamp and Rs. 20 for stamp paper is required. 

How to Get a Succession Certificate in Delhi

Acquiring a succession certificate in Delhi involves a more formal procedure compared to a legal heir certificate. Here’s a guide to help you navigate the process:

Initial Steps

1. Jurisdiction:  The first step is to determine the appropriate court for filing your petition. This depends on where the deceased resided at the time of death or where their assets are located. Delhi has several district courts, so choose the one with the relevant jurisdiction.
2. Petition: You’ll need to file a petition under Section 372 of the Indian Succession Act. This petition should include details like:
   • Your information (name, address)
   • Relationship to the deceased
   • Details of the deceased (name, date of death)
   • A list of the deceased’s assets (bank accounts, property, etc.)

Documents Required

• Death Certificate (Original): Proof of the deceased’s passing.
• Legal Heir Certificate (if available): While not mandatory, having this can strengthen your claim.
• Proof of Relationship: Documents like marriage certificate (for spouse), birth certificate (for children), etc., to establish your connection to the deceased.
• Identity and Address Proof: Aadhaar Card is preferred, but other government-issued IDs are also accepted (Voter ID, PAN Card, Passport, Driving License) for both you and the other legal heirs.
• Affidavit: You might need a sworn statement on a non-judicial stamp paper regarding the details of the petition.
• No Objection Certificate (if applicable): In some cases, if other legal heirs are not applying, you might need a No Objection Certificate (NOC) from them.

By now you must have understood the importance of legal heir certificates and the detailed process to obtain the legal heir certificate in Delhi. It is one of the few important documents that make it easier for the survivors of a deceased person to stake claim over the assets and properties. 

Understanding the legal aspects of real estate and properties can be a tough task for many people; hence taking expert help is the best way to tackle any issues you might be facing. NoBroker has some of the most experienced and well-known lawyers and real estate experts that have helped many property owners in India. If you are interested in consulting our real estate law experts, please leave a comment below this article; our executives will be in touch with you soon.

FAQs

Structure Stability Certificate: Ensuring Building Safety

Are you planning to purchase an existing property or have concerns regarding the stability of your building? In this blog, we will help you understand the importance of structural stability certificates and the requirements for obtaining them. Read on to learn how NoBroker can assist you in your property journey.

What is a Structural Stability Certificate? 

A structural stability certificate is an essential document that certifies the stability of a building’s structure. It is a vital requirement during the purchase, sale, and renovation of properties. The certificate confirms that the building’s structural elements are stable, secure, and safe for occupation.

To obtain a structural stability certificate, the building’s owner must hire a qualified structural engineer or architect to perform a structural assessment. The assessment is conducted to evaluate the building’s load-bearing capacity, potential structural weaknesses, and overall stability.

The engineer or architect then prepares a structural stability certificate, which includes details such as the building’s age, location, and construction materials. It also outlines the structural assessment findings and the recommendations for necessary repairs and maintenance, if any.

Benefits of Structure Stability Certificates

1. A Structural Stability Certificate can help ensure your building is safe to reside in–

One of the primary benefits of obtaining a structure stability certificate is the assurance of safety that it provides. By assessing the structural stability of a building, any potential risks or hazards can be identified and addressed before they become a threat to occupants.

2. It can help ensure your building is not in violation of legal regulations– 

In many jurisdictions, obtaining a structure stability certificate is a legal requirement for buildings of a certain size or age. By obtaining this certificate, building owners can ensure that they are in compliance with local regulations and avoid potential legal issues.

3. A structure stability certificate can help get your building a better resale value–

A structure stability certificate can add value to a property, especially when it comes time to sell. Prospective buyers are likely to be more interested in properties that have been assessed for structural stability, as it provides an added level of assurance that the property is safe and well-maintained.

Structural Stability Certificate Requirements [How to Obtain?]

To obtain a structural stability certificate, the building owner must hire a qualified structural engineer or architect to conduct a structural assessment. The assessment includes a thorough evaluation of the building’s foundation, walls, beams, columns, and other structural components.

The engineer or architect then prepares a detailed report of the assessment findings, which includes the building’s age, construction materials, and load-bearing capacity. The report also outlines any necessary repairs or maintenance work required to ensure the building’s structural stability.

Once the report is complete, the engineer or architect issues the structural stability certificate. The certificate must be renewed periodically to ensure that the building remains structurally sound.

Documents Required to Obtain a Structure Stability Certificate

To obtain a Structural Stability Certificate, the following documents are typically required:

• Building plans and structural drawings
• Building completion certificate
• Occupancy certificate
• Building inspection report
• Soil test report
• Architect’s or engineer’s certificate

The Structural Stability Certificate is issued by a qualified structural engineer or architect who has inspected the building and deemed it structurally safe and stable. The engineer or architect will conduct a thorough inspection of the building’s structural elements, such as its foundation, walls, columns, beams, and roof, to ensure that they meet the necessary safety and stability standards.

It is important to note that the specific requirements for obtaining a Structural Stability Certificate may vary depending on the local building codes and regulations in the area where the building is located. It is best to consult with a qualified engineer or architect who is familiar with the local building codes and requirements to ensure that all necessary documents are provided for obtaining the certificate.

Cost of Obtaining a Structural Stability Certificate 

The cost of obtaining a structural stability certificate varies depending on the size, location, and complexity of the building. It also depends on the qualifications and experience of the engineer or architect hired to conduct the assessment.

However, the cost of obtaining a structural stability certificate is a small price to pay compared to the potential costs of property damage, injuries, and even loss of life resulting from structural failures. It is a necessary investment in your building’s safety and security.

Factors Affecting the Cost of Structure Stability Certificates:

Size and Complexity: The size and complexity of a building can have a significant impact on the cost of obtaining a structure stability certificate. Larger buildings or those with more complex structures will require more extensive assessments and may take longer to complete, leading to higher costs.

Age and Condition: The age and condition of a building can also affect the cost of obtaining a structure stability certificate. Older buildings or those in poor condition may require more extensive repairs or upgrades to meet safety standards, leading to higher costs.

Location: The location of a building can also affect the cost of obtaining a structure stability certificate. Buildings in areas with higher labour or material costs may require more expensive assessments or repairs, leading to higher overall costs. Additionally, buildings in areas with more stringent safety regulations may require more extensive assessments, driving up costs as well.

Format of Structural Stability Certificate

The format of a structural stability certificate includes the building’s location, age, and construction materials. It also outlines the structural assessment findings, including any necessary repairs or maintenance work required to ensure the building’s structural stability.

The certificate must also include the engineer’s or architect’s qualifications and experience, as well as their contact information. It is essential to ensure that the certificate complies with the local building codes and regulations.

Structural Stability Certificate Format for Existing Buildings

A Structural Stability Certificate Format for Existing Buildings is a document that certifies that a building’s structural stability meets the required safety standards. It is required when a building undergoes major renovations, changes in occupancy or use, or when it reaches a certain age. 

The certificate includes information about the building’s structural design, materials used, and the safety factors involved. 

The certification process involves a structural engineer or a licensed professional inspecting the building and conducting a detailed analysis of its structural components, including foundation, framing, walls, and roof. The certification ensures that the building is safe for use and that it can withstand potential natural disasters or unforeseen circumstances that may put the building’s structural integrity at risk.

What are the requirements for obtaining a certificate for an existing building?

To obtain a structural stability certificate for an existing building, one needs to hire a structural engineer or a licensed architect. The engineer or architect will inspect the building and assess its structural integrity. 

Based on their findings, they will prepare a detailed report that includes recommendations for any repairs or improvements that are necessary to ensure the building’s structural stability. The report must also include calculations and drawings that demonstrate the building’s structural soundness.

How is the certificate format different from a new construction certificate?

The format of a structural stability certificate for an existing building is different from that of a new construction certificate because it takes into account the existing structure’s condition. 

Unlike a new construction certificate, which verifies that a building has been constructed according to approved plans and meets building codes and safety standards, an existing building certificate assesses the building’s current condition and identifies any deficiencies that may pose a risk to its structural integrity. 

The certificate format for an existing building includes detailed information about the building’s existing structure, any repairs or improvements that are needed, and the engineer or architect’s recommendations for ensuring the building’s structural stability.

What information is included in the structural stability certificate for existing buildings?

The structural stability certificate for an existing building includes detailed information about the building’s existing structure and the engineer or architect’s assessment of its condition. 

The certificate typically includes a detailed report with calculations and drawings that demonstrate the building’s structural soundness, as well as recommendations for any repairs or improvements that are necessary to ensure the building’s stability. 

The certificate also includes information about the engineer or architect who prepared the report, their professional credentials, and any other relevant information about the inspection and assessment process. Additionally, the certificate should include the date of issuance, the building’s address, and any other relevant identifying information.

Building Structural Stability Certificate Format

When it comes to a building structural stability certificate, it is crucial to ensure that the format is correct. The certificate must contain all the necessary information, such as the building’s address, the name of the owner, the name of the structural engineer who carried out the inspection, the date of the inspection, and the findings of the inspection. It must also include the engineer’s seal and signature to make it official.

It is recommended to use a standardised template for building structure stability certificates to ensure that all necessary information is included. This can help avoid any confusion or misunderstandings that may arise in the future.

Building Stability Certificate vs. Structural Stability Certificate

There is often confusion between building stability certificates and structural stability certificates. While both certificates relate to a building’s stability, they are not the same.

A building stability certificate is a document that certifies that a building has been constructed according to the approved plans and that it meets all the necessary building codes and regulations. On the other hand, a structural stability certificate certifies that a building’s structure is sound and meets the required safety standards.

It is essential to obtain both certificates to ensure that a building is safe and meets all necessary requirements.

How Can NoBroker Help?

NoBroker Legal Services is a one-stop solution for all your legal needs related to real estate. In the case of obtaining a structural stability certificate, NoBroker Legal Services can assist you with the entire process. They can provide you with a team of experienced lawyers who specialise in property law and can guide you through the legal formalities involved in obtaining the certificate. 

NoBroker Legal Services can help you understand the requirements for obtaining the certificate and ensure that all the necessary documentation is in order. Additionally, they can also help you with the registration process and any other legal formalities involved. With NoBroker Legal Services, you can be assured of a hassle-free experience in obtaining your structure stability certificate.

A structural stability certificate attests to the building’s structural soundness and safety. It is necessary to obtain a structural stability certificate for new constructions and existing buildings to ensure that they meet all necessary safety requirements. 

By hiring a qualified and licensed structural engineer and following the required procedures, property owners can obtain a structural stability certificate and ensure that their buildings are safe for occupants.

Remember, obtaining a structural stability certificate is not only essential for safety but also for legal compliance. So, if you are a property owner or a buyer, make sure to obtain a structural stability certificate to ensure that the building is safe and meets all requirements.

Frequently Asked Questions

EC Telangana: Your Comprehensive Guide to Encumbrance Certificates

“Encumbrance” means the charges that are usually put upon the property that is in question. The property becomes encumbered when the owner has outstanding debts that remain uncleared within the stipulated time. An encumbrance certificate serves as an assurance, indicating that the property is secured and free from any financial liabilities, such as mortgages or unpaid loans.

Unraveling these nuances, this blog navigates the intricate world of the Encumbrance Certificate in Telangana. Join us as we promise insights into obtaining, downloading, and verifying ECs online. 

Encumbrance Certificate Telangana

An encumbrance certificate, as mentioned earlier, is a very crucial document when purchasing a property. It specifically contains all the transaction details for that particular property. 

You can also access the encumbrance certificate Telangana online. The encumbrance certificate is issued by the Sub-Registrar of the property’s jurisdiction in the Telangana state. And in today’s post, we will precisely see how to obtain an encumbrance certificate in Telangana online.

Here is why an EC Online Telangana is essential:

• This certificate is highly critical in applying for a home loan from a bank.’
• It is crucial to get a loan for a particular property
• It is vital in case no individual wants to purchase your property
• It can be used as a piece of evidence to show that the building doesn’t have any said liabilities
• This certificate records all the previous transactions concerning the property

How To Apply for Ts Encumbrance Certificate Online Ts (Meeseva Portal)

• Go to your state’s land registration website (official). The Meeseva portal

• You’ll be taken to the home page of the portal. Here, click on government forms.

• Now, click on Meeseva services from the list.

• Here, you will see the list of departments. Select the department you want to register for.

• Get the form and submit the form to your nearby office. Also, pay the fee 
• You will get an acknowledgment slip after that. Please keep it safe with you.
• Now your application will be inspected and sent to the sub-registrar’s office
• After the confirmation, the Meesava center will send you the EC status, details, and other important information.

EC Download Telangana 

The steps to download the Telangana EC online are mentioned today here below.

It is pretty easy now to search for and download the encumbrance certificate Telangana online within minutes. 

Get to know the exact steps for encumbrance search Telangana:

• Go to the official website of Telangana state. 

http://registration.Telangana.gov.in/TGCARDecClient/ 

• Go through the encumbrance Statement of the property as well as the entire record carefully and then click on the “submit” button.

• Now select the “next” button at the bottom of the pop-up.
• Please write the name of the candidate and other information, then proceed further and submit it.
• Opt for the “select all” option & select the submit icon
• Now you can see the EC displayed on the screen
• Select the print button and click the “download EC” option

Online EC Search Telangana

You can also search EC Telangana online. Here are the steps to search for the certificate online.

• Go to the official website at registration.Telangana.gov.in.

• Go for the EC search link/button on the sidebar.

• Click on accept terms and conditions and then select the submit option.

• “Search for encumbrance” will appear on the screen
• Select your doc number first. Followed by that, enter the record number and then the year or date of the Telangana registration EC.

• The record number or document number is self-explanatory.

EC Status Telangana

The method of tracking the ts EC application is different on different websites. All the government sites from where you can apply for an encumbrance certificate can help you track the status of these certificates as well. 

• Log in to http://registration.Telangana.gov.in/.

• Select the Encumbrance certificate option on the right-hand side under the online services option. Tap on the “submit” option.

• Now you’ll be taken to a new window. You will be displayed with all the terms, conditions and other information such as document number, EC number, as so on…

• Now select the submit option

• Fill in all the required details asked and select the submit option.

• This will lead you to a new pop-up of encumbrance certificates, and you can now search, view, or download your EC.

As said earlier, the different websites have different processes to apply EC online in Telangana. If you visit a sub-registrar office and apply for an EC certificate, then you’ll get it in 15-30 days.

But when you apply for online EC Telangana, then you have the chance of getting it faster. You will get it usually within 2 to 3 working days.

Ec Verification Telangana

The property inspectors take an adequate amount of time and inspect all the documents and property papers submitted by you online or at a sub-registrar’s office.

EC Check Telangana

The encumbrance certificate Telangana status can be checked online through these steps:

• If you’re an applicant, then visit the Meeseva portal

• Now type the “certificate number”

• Click on Go. And now you can see the EC criteria as well as the registration year of EC.

And now, you can view the status of your EC certificate in Telangana as per the current date and time.

And this is your most straightforward and quickest method of viewing an EC Telangana status. You can also view the status if you’re from some other city. For example, you can search for an encumbrance certificate in Hyderabad if you’re from there. The steps and procedure to search for an encumbrance certificate online in Hyderabad as well.

EC Document Telangana

The essential documents required for applying for an encumbrance certificate are as follows:

• The details of your property as well as the title deed.
• In case, if any, the deed was executed before for the property. This can be anything from sale deeds to gift acts or even partition deeds.
• The number of the deed contains the book number as well as the date of the deed. The signature of the applicant is also to be checked.
• Registration papers of the property
• Address details of the applier.

We advise you to visit your registrar’s office to get more details on the encumbrance certificate process in your state. 

In conclusion, obtaining an Encumbrance Certificate in Telangana is a pivotal step in ensuring the transparency and security of your property transactions. You can visit the official state portal to download and verify your EC. For a seamless experience without potential pitfalls, consider the comprehensive legal services offered by NoBroker. Our expertise ensures a hassle-free process, addressing any concerns that may arise during your property ownership journey. 

Frequently Asked Questions

 Encumbrance Certificate in Tamilnadu: Eligibility and Application Process

The Encumbrance Certificate (EC) provides a history of a property and is issued by the government’s sub-register office. Tamil Nadu Government offers an online option for obtaining the EC, simplifying the process and helping residents verify if a property is free from legal or financial liabilities before purchase

The Encumbrance Certificate has always been the most important document regarding land registration. Previously, people had to apply for the EC certificate in Tamilnadu by visiting the appropriate office manually. EC Online in Tamilnadu can now be applied for in most Indian states, including Tamil Nadu, at tnreginet.gov.in. If you want to receive your Encumbrance Certificate online through the Tamilnadu government’s official TNREGINET portal, you should have your property details with you when following the steps below.

Under What Circumstances Do You Need an Encumbrance Certificate in Tamilnadu?

If you’re seeking an independent house for sale in Tamilnadu, you’ll almost certainly need an EC after closing the deal, but there are other times when possessing an EC is beneficial. Among them are –

• When it comes to purchasing a home
• When you’re looking for a home loan
• When you’re ready to sell your home
• When you wish to change a property’s value
• When you want to take money out of your Provident Fund to buy a house

Who is Eligible to Apply for an Encumbrance Certificate?

Anyone who has a property or money transaction with a banking institution can apply for an EC Online in Tamilnadu. The encumbrance certificate is a financial institution’s acknowledgment that your property is being used as collateral for a loan you’ve taken out. It will also include information about the person who took out the loan with the financial institution.

How to Apply for EC/Villangam Certificate Online Tamilnadu?

Before Applying for the Tamilnadu EC online or any other document, the applicants should register on the Official Portal as a Citizens. Here are the steps to apply encumbrance certificate online in Tamilnadu:

Step 1: Account Creation on TNREGINET

• New Users: Go to TNREGINET portal, sign up by providing a username, password, address, ID number (PAN/Aadhaar/driving license, etc.), and contact information. Receive an OTP to complete registration.

• Existing Users: Log in with your credentials.

Step 2: Email Verification

After registration, look for a confirmation email from the authority to verify your account.

Step 3: Accessing the Portal

Post verification, log in to your TNREGINET account.

Step 4: Initiating EC Application

Navigate to ‘E-services’ on the homepage. Select ‘Encumbrance Certificate’, then ‘Search and Apply EC’.

Step 5: Filling in Property Details

Input necessary property information, including zone, district, survey numbers, house details (plot/flat/door numbers, ward, block, boundaries), and any relevant document numbers. Enter the captcha and search for the EC.

Step 6: Applying for EC

Review the displayed documents related to your search. Click ‘Apply Online’.

Step 7: Personal Information and Payment

Input your name and contact information. View the payment details and proceed to the payment portal.

Step 8: Completing Payment

Fill in the e-payment form with relevant details. Select your bank and complete the payment process.

Step 9: Finalising the Application

After payment, you’ll receive a bank reference number, CIN number, and transaction ID. Keep these for future reference. The sub-registrar will review and approve your application, after which the EC, complete with a QR code and digital signature, will be sent to your account. You’ll also receive an SMS notification.

Step 10: Accessing the EC

To view the digitally signed EC, go to ‘E-services’ > ‘Encumbrance Certificate’ > ‘Request List’.

Certificate Of Encumbrance On Property Tamil Nadu Offline 

Here’s a streamlined guide for applying for an Encumbrance Certificate (EC) or Villangam Certificate in Tamil Nadu:

Documents Required for EC or Villangam Certificate Application:

• Address Proof: Provide an attested copy of your address proof.
• Property Details: Information about the property in question.
• Title Details: Specifics regarding the property’s title.
• Payment: Be prepared to pay the necessary fee for the TN EC online services.

Application Process:

• Step 1: Submission at the Sub-Registrar’s Office
  • Fill out the application form for the EC or Villangam Certificate. This form can be downloaded from the relevant website.
  • Submit the completed application along with all required documents to the sub-registrar’s office.
• Step 2: Document Verification
  • The authority will examine all submitted documents to verify their legality.
• Step 3: Issuance of the EC
  • Following verification, an Encumbrance Certificate detailing all property transactions, or a Nil Encumbrance Certificate in case there are no transactions, will be issued.
  • The process typically takes between 15 to 30 days from the application date.

Documents Required to Apply for TN EC / Villangam Certificate Offline

The Tamilnadu ec online / Villangam certificate online in Tamilnadu can be applied offline too at the local sub-registrar’s office. The following are the documents needed to apply for land EC in Tamil Nadu:

• Complete details and documents of the property
• Attested copies of the address proof
• Property Title Details

If you prefer to get the details offline and do not want online EC Chennai Tamilnadu you can do it easily. To obtain the TN Villangam Certificate offline, the requisite funds must be deposited to the local authorities along with the documents mentioned above.

Encumbrance Certificate Validity in Tamilnadu

An Encumbrance Certificate contains a list of all registered property transactions that occurred within the specified period. Individuals can obtain a property’s Encumbrance Certificate for a duration of up to 30 years.

How to Check Encumbrance Certificate Online in Tamil Nadu? 

Here is how to check land EC online in Tamilnadu:

1. To access the Tamilnadu Registration Department’s home page, go to tnreginet.gov.in.
2. If necessary, select the English Language in the top-right corner.
3. From the top menu, hover over E-Services.
4. To view an encumbrance certificate, go to Encumbrance Certificate > View EC. With EC view online Tamil Nadu, property owners can view and download their ECs at any time.
5. To access your Encumbrance Certificate, select EC.
6. Select Zone > District > Sub-Registrar Office from the drop-down menu.
7. Provide the following information: EC Start Date > EC End Date
8. The village should be chosen (Area)
9. Subdivision Number > Enter Survey Number
10. Select Add > Fill in the security code displayed on display.
11. Wait for the results to appear after pressing the Search button.
12. That’s all there is to it; the Encumbrance Certificate for your property information is now displayed on the screen.
13. Select the choice and save EC to your computer for future use.

How to Get a Digitally Signed Copy of The EC Online in Tamilnadu?

The process for getting a digitally signed copy of an encumbrance certificate for land in Tamilnadu has been simplified. To do so, go to the www.tnreginet.com portal and select ‘E-services’ from the drop-down menu. Click on ‘Search and Apply EC’ after selecting ‘Encumbrance Certificate.’ 

However, you have to create a new ID and log in to the www.tnreginet portal again, using the same steps as before. Make your EC payment through the online payment gateway. The digitally signed online EC will be available for download via the same menu’s ‘Request List’ option. Manual Encumbrance certificate charges in Tamil Nadu are higher compared to online charges as they involve more processing time and effort.

• EC Application fee- Re 1.
• Search Fees for the first year – Rs. 15
• Search fees for every following year – Rs 5
• In the computerised period, that is, from 1987 onwards, there is an additional fee. – Rs 100

Tamilnadu Encumbrance Certificate Charges

The EC charges in Tamil Nadu are listed below.

1. Search and issue a certified Encumbrance Certificate for Rs. 200. (Search copy per certificate)
2. Rs. 200 for issuing an EC copy for a period of up to 30 years (price per certificate)
3. Rs. 500 for the issue of an EC copy that has been in existence for more than 30 years (price per certificate)

How Long Does It Take to Receive an Encumbrance Certificate After Applying?

The Tamilnadu land EC online takes about 5-7 days to obtain if the application is completed online. However, if the full process were completed offline, it would take 15 to 30 days.

Whether you’re looking for an independent house for sale in Chennai, a flat in a fashionable neighborhood, or just a simple place with all the necessities, make sure you have the Encumbrance certificate.

How to Correct an Encumbrance Certificate in Tamilnadu?

When asking for an encumbrance certificate in Tamil Nadu, one should always be cautious. Users registering for EC Online in Tamilnadu or encumbrance certifications in Chennai and other cities must understand the correction deed. If your certificate contains any problems, you must apply for a rectification deed and provide documentation that the previous encumbrance certificate contained errors. The only adjustments to an encumbrance certificate that can be made are clerical; no substantive alterations can be made. The documents that have been filed to the sub-office registrars are irreversible. As a result, a rectification deed will not correct any errors in the original documents.

Limitations of Encumbrance Certificate in Tamilnadu

In Tamil Nadu, an online ec Tamil Nadu contains information about the requested period. Therefore, any information provided before this time is not reflected in an encumbrance certificate. Similarly, an Encumbrance Certificate Tamil Nadu does not represent any oral agreements or unregistered paperwork.

What is a Non-Encumbrance Certificate in Tamilnadu?

When no transactions concerning the property have occurred throughout the period for which an EC is necessary, a non-encumbrance certificate is issued in Tamil Nadu. A nil encumbrance certificate is another name for this certificate.

Court Litigations to be seen in EC

The Madras High Court has issued a unique judgment, stating that prospective buyers and interested parties should view court rulings in the EC. Given that, before now, buyers had to approach civil courts to remove contested entries in the jurisdictional civil courts, Justice N Anand Venkatesh remarked thus.

Nil-encumbrance Certificate in Tamilnadu

A nil encumbrance certificate is the same as a non-encumbrance certificate which is issued when there are no transactions involving the property throughout the time frame for which an encumbrance certificate is required.

Types of Encumbrance Certificates in India

Encumbrance certificate (EC) is a legal document that certifies that a property is free from any legal or financial liabilities. In India, there are two types of ECs: Form 15 and Form 16. Form 15 is issued for a particular period, whereas Form 16 is issued for the entire tenure of the property. Both types of ECs are important for property transactions and loans.

What is the online payment method for EC in Tamil Nadu?

In Tamil Nadu, citizens can apply for an encumbrance certificate (EC) online and make payment through the Tamil Nadu e-district portal. The payment can be made using debit/credit card or net banking. After the payment is made, the application is processed and the EC is issued online. The entire process is simple, convenient and time-saving.

What is the offline payment method for EC in Tamil Nadu?

In Tamil Nadu, citizens can apply for an encumbrance certificate (EC) offline by visiting the Sub-Registrar’s office. The payment can be made through demand draft or challan. After the payment is made, the application is processed and the EC is issued manually. This process takes longer than the online method, as it involves physical visits and manual processing.

Get more than just Encumbrance Certificates: Easy access to a range of Legal Services with NoBroker

The official internet platform of Tnreginet offers a variety of materials besides encumbrance certificate in Tamilnadu, including birth, marriage, death certificates, etc. Tnreginet makes it simple for users to find the services they need. The applicant must follow the instructions on the list. Double-check for it after you’ve entered all of your information correctly. This article includes all the information about how to apply encumbrance certificate in Tamilnadu online if you need a professional to help you navigate through the entire process, you will certainly find the right help at NoBroker. Please leave a comment below this article; our executive will be in touch with you shortly.

FAQs

What is a Legal Heir Certificate, and Why is it Important?

We often hear about people fighting a court case to keep the share of their inherited land or be nominated as the sole legal heir of the property. However, matters can get even more complicated when the original proprietor of real estate dies intestate, i.e., without leaving any will behind to clarify their wishes on the distribution of the property. In such cases, succeeding family members must attain official documents like the Legal Heir Certificate or Succession Certificate to assume the proprietor’s responsibilities and gain the freedom to make decisions on their behalf. 

People with no legal background often find themselves in a bind when there is no way to understand the acts in the Indian constitution and what all the technical jargon implies. A legal heir certificate is one such debated topic that needs simplification. Read to find out more about who are legal heirs and how to get a legal heir certificate.

Who Are Legal Heirs?

According to succession laws, when a person dies without leaving any legal clarification or a will behind, a person who inherits all the materialistic properties and responsibilities, and even debts that come with real estate, they are termed as an heir. 

In India, legal heirs can be classified into two categories – Class I and Class II.

Class I heirs in equal share for a Hindu man according to Hindu Succession Law – 

• His wife
• His children
• His mother

In the absence of Class I heirs, Class II heirs can claim the property.

Class II heirs for a Hindu man according to Hindu Succession Law – 

• His father
• His grandchildren
• His great-grandchildren
• His siblings
• Other relatives

What Is a Legal Heir Certificate?

A Legal Heir Certificate is an essential official document issued by the government bodies that helps establish the relationship between the deceased person and their legal heirs according to the Succession Laws of India. A legal heir certificate india helps transfer all the legal assets of the deceased person to their living family members. This certificate is needed for real estate and the transfer of financial claims via banks like provident funds, house tax, loans, electricity bills, saving/current accounts, filing of IT returns, etc. In addition, a legal heirship certificate from court is needed when a person dies intestate, i.e., without leaving a will or declaring a legal nominee behind. 

Why Do You Need a Legal Heir Certificate?

Waris certificate is claimed by the rightful successor who takes over any assets and responsibilities of the deceased person. Legal heirship certificate is needed to – 

• Transfer a deceased person’s properties and assets to the rightful successor.
• Claim any insurance policies in place.
• Sanction and receive any family pension allotted to the deceased employee by the official channels.
• Claim monetary dues like provident funds, gratuity, etc., from the government.
• Receive any pending salary of the deceased employee who was working for the state or central government.
• Receive employment due to any compassionate appointments.

If you are looking to purchase a property, it is advised to ask for a legal heir certificate to confirm who is the rightful proprietor. In cases of multiple legal heirs, you must ensure that everyone signs the deed of conveyance to avoid any legal dispute cases in the future. 

What Are The Advantages Of Obtaining A Legal Heir Certificate?

A legal heir certificate is a document that certifies the rightful heirs of a deceased person. It is an important document that helps the heirs to claim the assets and properties left behind by the deceased. You must know how to apply legal heir certificate because here are some advantages of obtaining a legal heir certificate in India:

• Proof of legal heirship: The legal heir certificate is a legal proof that certifies the legal heirs of the deceased person. This document is necessary to claim the assets and properties left behind by the deceased.

• Easy transfer of assets: Still wondering is legal heir certificate enough for property transfer? The original legal heir certificate helps in the easy transfer of assets and properties left behind by the deceased. This certificate is required to transfer the assets and properties to the legal heirs.

• Avoids legal disputes: In the absence of a legal heir certificate, there may be disputes among the legal heirs over the assets and properties left behind by the deceased. The legal heir certificate helps in avoiding such disputes and ensures a smooth transfer of assets.

• Useful in obtaining government benefits: The legal heir certificate is useful in obtaining government benefits such as pension, insurance, and other financial assistance.

Read on to know the procedure for legal heir certificate creation along with the legal heir certificate documents required-

What Is the Process of Getting a Legal Heir Certificate?

To get your legal heir certificate, you must reach out to the respective area’s Taluk Tehsildar or corporation/municipality office or the district civil court. 

• The legitimate heir of the deceased person must contact the rightful authority of the respective area and ask for the application form that needs to be filled to apply for a legal heir certificate. The application includes the names of the legal heirs, their relation to the deceased, and their residential addresses. After filling this application to the best of your knowledge, could you submit it to the government officials? You can also hire a lawyer for the same who’ll reach out to the district civil court on your behalf.
• The death certificate of the late proprietor, along with all the other necessary documents, must be attached to the application. If you do not already have it, the death certificate must be retrieved from the corporation/ municipality office.
• You must submit an affidavit on a stamp paper or a self-declaration along with the application for a legal heir certificate.
• Your enquiry is noted, and a revenue inspector or an administrative officer conducts a thorough inspection to understand all the facts.
• Once the inspection was completed and declared victorious, the respective authorities issued the legal heirship certificate.

Usually, this process of submitting an application and receiving the legal heir certificate takes around 30 days. However, if you face an unavoidable unexpected delay, you must reach out to the Revenue Division Officer (RDO) or the sub-collector of the respective area. 

What Are the Documents Needed to Obtain a Legal Heir Certificate?

To obtain a legal heir certificate issued by the government of India, you must ensure that you submit the below-mentioned documents along with the application – 

1. Application form – filled with accurate information and signed.
2. Applicant’s identity or address proof. Identity proof could be the applicant’s Aadhar Card, Driving Licence, Voter ID Card, Passport, or any other Identity Card issued by the Government of India. Address proof could be any acceptable ID proof or any gas bill, telephone or mobile bill, passbook, etc.
3. Death certificate of the deceased proprietor. It can be obtained from the corporation/ municipality office.
4. Proof for Date of Birth of all legal heirs. It could be a PAN Card, Passport, Birth Certificate, School Transfer or Leaving Certificate, etc.
5. Address proof of the deceased proprietor. 
6. A self-undertaking affidavit.

The Difference Between a Legal Heir Certificate and a Succession Certificate

Though legal heir certificates and succession certificates might sound similar due to their terminology and purpose, they are entirely different official documents that cannot be a substitute for each other. Some of the significant differences between a legal heir certificate and a succession certificate are – 

• The legal heir certificate is issued by the district’s tehsildar, and the succession certificate is issued by the civil court. 
• An heirship certificate is used to claim employee benefits, insurance policies, property registration, and transfer any shares or debts initially handled by the deceased person. Succession certificate is limited to grant the power to make financial decisions and hold transactions on behalf of the deceased person. 
• An heirship certificate helps establish the relationship between the applicant and the deceased person, while a succession certificate helps settle any cases of the disputed property.
• According to succession laws, a legal heir certificate is not enough proof for the applicant to act as the beneficiary of the deceased person’s property. On the other hand, a succession certificate ensures that any transaction on behalf of the deceased person carried out by the document holder is legal.
• Legal heir certificates can be obtained by the spouse, children, or parents of the deceased person. The official legal heirs can only acquire succession certificates.
• Fees for the legal heir certificate are the stamp paper’s price, i.e., Rs. 20 and the stamp, i.e., Rs. 2. Whereas a succession certificate requires the price of 3% of the entire property’s total value.
• An heirship certificate can be issued between 15-30 days, while the succession certificate requires at least 45 days.
• Legal heir certificate is considered in all types of properties, while succession certificate is considered only in movable properties.

Difference between Surviving Member Certificate and Legal Heir Certificate:

A surviving member certificate is a document that certifies the surviving members of a family in case of the death of the head of the family. It is issued by the revenue department of the district where the deceased person resided. A legal heir certificate, on the other hand, certifies the legal heirs of a deceased person. The legal heir certificate is required to claim the assets and properties left behind by the deceased.

How To Add a Legal Heir to File for Income Tax Returns?

Even the deceased have to pay income tax. Their legal heir/s are liable to file ITR and pay the calculated income tax on behalf of the deceased proprietor. Steps to follow are – 

1. The legal heir must open the income tax e-Filing portal.
2. If you are a registered user, log in using your account details. If not, create a new account by clicking on the ‘register yourself’ option. Provide all the necessary information like PAN, Surname, Middle Name, First Name, Date of Birth, and Residential Status. Complete the registration process.
3. After successfully logging in, go to ‘my account’ and Register as a representative.
4. Select New Request from the drop-down menu in the Request Type option.
5. In the Add/Register as representative section, select Register yourself on behalf of another person from the drop-down menu. 
6. In the Category to Register section, Select Estate of Deceased from the drop-down menu.
7. Click on the Proceed option, and you will be redirected to an external page.
8. Provide all the details like PAN, name of the estate, and date of incorporation of the deceased. 
9. Make a zip file of size less than 1 Mb that includes documents like a self-attested copy of PAN Card of legal heir, PAN Card of the deceased person, copy of the Death Certificate, Legal heir certificate or Affidavit in the presence of a Notary Public.
10. After uploading the documents, click on the ‘submit button form where your request will be transferred to the e-Filing Administrator.

Your request will be reviewed by the e-Filing Administrator and will either be accepted or rejected based on the details you provided. In case of acceptance, you will either be appointed as the legal heir or the temporary heir. 

Status of Registration will be sent to the mail id from which you have logged in. You can check the status of the request by accessing the ‘My Request’ tab. Once you have been approved as the legal heir, you can file income tax on behalf of the deceased person.

Inheritance is a complicated legal concept that has several conditions and loopholes that are tough to understand. One such concept is a legal heir certificate. When a person dies intestate, i.e., legal heirs need to get a Waris certificate from the official authorities without leaving any will behind. This heirship certificate enables the heir to access the deceased person’s bank accounts or claim employment benefits. If you’re buying a resale house this is one document that you need to check. Wondering what the other documents are? Get NoBroker Legal services! This team has experts who will guide you on what to look for and how to get it, making your home buying experience a smooth and stress-free one. Click the link below to find out more. 

FAQ’s

Occupancy Certificate: Meaning, Importance, Documents and More

Stepping into another echelon of society, your home not only renders you with a sense of gratification but also security. But what if this security is not secure? Read more to find out about the Occupancy Certificate and how it can turn out to be a lifesaver. 

Today, success is measured in many forms. One of the most relevant proofs of your achievement in real life is owning a house. A house is not only a personal safe space, but also a necessity and a crucial form of investment. Primarily for people who shift into their own place after filling someone else’s pockets with rent money each month, this step-in life can mean everything. To protect the existence of your dream home and to ensure that your life savings do not end up as a contribution to an illegal building project, the Occupancy Certificate is an imperative document that cannot be overlooked. The possession certificate itself does not legalize the occupancy of the house.

We often hear about people getting evicted from their newly purchased apartment just because the builder never received the Occupancy Certificate. The matter often ends up as a legal dispute and the loss of hard-earned money and time is a tragic setback. To avoid being stuck in the loopholes of real estate law, make sure that the Occupancy Certificate is in your hands before moving in.

What is an Occupancy Certificate?

According to the Real Estate Regulation and Development Act, 2016, an Occupancy Certificate is defined as “the certificate, or such other certificate by whatever name called, issued by the competent authority permitting occupation of any building, as provided under local laws, which has provision for civic infrastructures such as water, sanitation and electricity.”

An OC is a legal document that authorizes the construction of the building in the eyes of the law. It certifies that the building plan is in accordance with the construction laws approved by the concerned authorities, and the place is fit to be occupied by people. An OC is issued by the local civic bodies of the relevant area. Without an Occupancy Certificate, a builder cannot guarantee basic civil amenities, and there is a high chance that the building is illegally formed, or is qualified under the category of land under construction.

What is the Importance of an Occupancy Certificate?

The Occupancy Certificate is a necessary legal document to authorize the safety of the building. Obtaining an Occupancy Certificate is important before moving into a place to eliminate the risk of lawful eviction and demolition. Without an OC, the municipal corporation does not supply the house with water, electricity, and sanitation connections. The building must also be deemed as ‘not a fire hazard’ to prevent any disasters in the future.

The OC is also required while availing loans from banks or other financial organizations. Most importantly, one cannot resell the property at a good price without having an occupancy certificate first.

Therefore, one must ensure you have an Occupancy Certificate before legally stating the property is your own.

Documents Required to Obtain an OC

To obtain an OC, a builder needs to submit a certain set of documents to the local authorities. Usually, the OC is delivered within 30 days. However, in case the builder does not provide the OC, the homeowner can reach out to the municipality and apply for one.

Documents needed to apply for the Occupation Certificate are:

• Project Commencement Certificate
• Project Completion Certificate
• No Objection Certificates for Fire and Pollution
• Copy of the building’s sanctioned plan
• Area computation sheet of the floor signed by an approved architect
• Photographs of the building
• Photographs of solar panel and rainwater harvesting (If applicable)

After the required documents have been inspected and verified by the local authority, the Occupancy Certificate is granted.

Difference Between Occupancy Certificate and Completion Certificate

A Completion Certificate is issued by the authorities to state that the building is habitable and constructed according to the building plan approved by the municipal corporation. Whereas, the OC ensures that the building is legally constructed, follows the construction laws of the respective area, and is safe for the homeowner to move in. The occupancy certificate allows the builder to apply for various utilities.

The Major Difference Between the Occupancy Certificate and the Completion Certificate are

• The OC is issued by authorities to state that construction is in accordance with the building laws. The Completion Certificate is issued by the authorities to state that the place is habitable.
• The builder obtains the OC after getting the Completion Certificate to apply for water, electricity and sanitation connections. The Completion Certificate is needed to offer possession of the building.

However, both the Occupancy Certificate and the Completion Certificate are not required when applying for the registry of the house, but should still be obtained to eliminate the risk of future legal disputes, eviction, and demolition of the building.

What is a Temporary Occupancy Certificate?

A temporary or partial occupancy certificate is issued when the development of the project happens in various stages. After one phase is completely constructed and is safe to be occupied by homeowners, the authorities can issue a partial occupancy certificate. Partial Occupancy Certificates are subject to cancellation and must be replaced by Occupancy Certificates within the active time span of sanctioned plans. The concept of partial occupancy certificate was introduced to tackle the delay in the construction of large projects and to present evidence to buyers not being able to obtain Occupancy Certificate. However, a buyer will not be able to further sell the property just based on a partial occupancy certificate.

How to Check the Status of an OC Online

If the building project is registered under the Real Estate Regulation and Development Act (RERA), 2016, the status of the Occupancy Certificate can be monitored on the web portal of the relevant state’s RERA. RERA requires the builders to update the status of development of their building projects regularly. In case such information cannot be found on the web portal, the buyer is free to reach out to the local civic authorities.

What if the Builder Refuses to Provide the OC?

In case the builder has not provided you with an OC even after serving a notice, you are free to exercise your legal rights. The buyer must register a complaint in the consumer forum with the specified amount of the application fee. For projects that fall under the Real Estate Regulation and Development Act, 2016, homeowners can reach out to the authorities and file a complaint with an application fee of Rs.1000. The amount of the application fee may change in different states.

Also, note that the possession of the OC for an independent house (Row house) is not compulsory.

In the present era, the biggest sense of achievement in the form of investment lies in the ownership of your place. The sense of pride and security when the keys to your brand-new apartment or flat reach your hands is priceless. All the struggle in the world seems to be worth it and you expect a secure lifestyle moving further in life. But in some unfortunate cases, people have found themselves in legal turmoil after discovering that they were never given necessary legal documents like the Occupancy Certificate and have indirectly contributed all their money to a fraud building project. 

To avoid getting caught in the crosshairs of the law, ensure the possession of the Occupancy Certificate before moving into your new home. In case the construction is in accordance with the relevant guidelines and there are no safety hazards, the Occupancy Certificate is granted. However, things might not be this simple always. If the construction of the building project is happening at a large scale and is divided into different phases, the authorities may issue the Partial Occupancy Certificate to save the homeowner from paying both rent and the EMI and let the builder give possession of the constructed part. In case the builder does not provide the Occupancy Certificate, the homeowner can pursue a legal course of action.

If all the paperwork related to buying a new home gets too confusing for you, just contact NoBroker Legal Services. These experts deal with thousands of home purchases and know just what to look for and what you need. Click the link below to see how NoBroker can help you. 

FAQ’s

Succession Certificate: Fee, Documents, and Format

Have you heard of a Succession Certificate? Why is it needed? How much does a succession certificate cost? What is a Succession Certificate for a property? Don’t worry. As in this blog, we will cover everything you need to know about it. Legal matters can be quite daunting when we try to understand them. Even more so in the case when there’s no rulebook available that will simplify the facts and present them together. 

When a person dies intestate (without a will), their assets are passed on to their legal heirs after the court has verified the legitimacy of ownership. A situation in which a deceased person who has not left behind a will or has left it for an illegitimate cause, is known as dying intestate. This means a will has not been prepared to establish the authority and authenticity of the successor of the deceased person. This is where a Succession Certificate comes into the picture to give the certificate holder the authority to take over the securities as well as debts of the deceased person. According to sections 380, 381 and 382 of the Indian Succession Act, 1925, a succession certificate holder can take hold of the assets of the deceased person along with the debts owed.

Read: The Concept of Ancestral Property Acquisition Broken Down

What is a Succession Certificate for Property?

A succession certificate, as defined under the Indian Succession Act of 1925, is a legal document granted by Indian civil courts. It validates the legitimate claim of legal heirs when someone dies without a valid will. This certificate identifies the rightful successor to the deceased’s assets, such as Mutual Funds, Insurance, Pension, Bank Balances, and more. It empowers the holder to manage the deceased’s assets, settle debts, and ensure transfers even before the legal heir’s identification. Institutions might require this certificate as proof before processing transactions involving the deceased’s assets. It outlines assets, debts, securities, details of heirs, and their relationship to the deceased. However, it doesn’t apply to immovable properties.

Some of the instances when succession certificate is required:

• If an overseas citizen gets into a situation where a parent or close relative has died without passing on a will
• Where you know that a property belongs to you but you need this document to prove it

It is important here to know the difference between a Legal Heir Certificate and Succession Certificate as both are not the same, despite connoting something similar in the succession certificate meaning. While a legal heir of the deceased person can apply for a succession certificate for transferring electricity/telephone connections, bank accounts etc., it is not the same as a legal heir certificate, which is issued for the approval of family pensions or transfer of movable and immovable assets. We will cover more differences later in the blog. Let us now understand what the succession certificate procedure is like.

Who issues the Succession Certificate?

A succession certificate is issued by the District Judge of the appropriate jurisdiction, where the deceased person was living at the time of death. If the authority is unable to find such a place, jurisdiction is transferred to where assets of the deceased person could be found.

What is the Procedure to Obtain a Succession Certificate? How To Get a Succession Certificate?

Legal heirs wanting to claim ownership of the assets of the deceased person should file a petition. Succession certificate petition format be done in the authorized manner and submitted after verifying it in the civil court, under the relevant jurisdiction. A copy of the death certificate should also be attached along with the petition.

Step 1 – Filing a Petition 

Legal heirs wanting to claim ownership of the assets of the deceased person should file a petition. This should be done in the authorized format and submitted after verifying it in the civil court, under the relevant jurisdiction. A copy of the death certificate should also be attached along with the petition.

The petition should mention the details written below clearly.

1. Time, date and place of the death of the deceased person.
2. Details of other legal relatives or heirs.
3. Residence or details of properties of the deceased at the time of death within which Judge the jurisdiction falls under.
4. Rights of petitioner 
5. Absence of any impediment to the grant of certificate.
6. Identification documents like Ration Cards or Passports.
7. List of the debts or securities for which the certificate is applied for.
8. No objection certificates from other legal heirs

Step 2 – Submitting the Fees

According to The Court Fees Act, 1870, a specific percentage of the value of the estate is imposed by the court. This value has to be paid by the petitioner in Judicial stamps. 

Step 3 – Publishing of Notice in the Newspaper

The court will now examine the petition and then make it public through a national newspaper. Along with that, the court will also notify all the other heirs and respondents. The notice gives a specific period of 45 days for anyone to raise objections against the petition with required documents to support their claim. 

Step 4 – Granting the Certificate

If no one claims ownership of the assets of the deceased person or raises objections within 45 days, the court then grants the succession certificate to the petitioner given that the authenticity of the claim is established.

In the case of multiple petitioners, the court may issue a joint succession certificate. But for a single asset, only one certificate will be granted.

Step 5 – Signing the Indemnity Bond

In some cases, the judge may ask the petitioner to sign an Indemnity bond, to make sure that no losses occur due to the misuse of the granted succession certificate. Signing this bond might require the petitioner to present some kind of security to the court. 

What is the Fee for a Succession Certificate?

According to The Court Fees Act, 1870, a specific amount has to be paid in the form of judicial stamps when the petition is filed. The succession certificate court fees are the specific percentage of the value of the estate that is imposed by the court. This specific percentage varies from one state to the other throughout the country. Normally, it is around 2-3% of the value of the estate.

Read: Understanding a Coparcener and Property Rights in a Hindu Undivided Family

What are the Documents Required for Succession Certificate?

Before issuing a succession certificate, the court has to legally verify the ownership claimed by the petitioner. For the inspection of the petition, the court requires a certain set of documents that must be attached and verified beforehand.

Documents Needed to Obtain a Succession Certificate are

1. The time of the death of the deceased person.
2. Address of the deceased person at the time of death.
3. Details of properties of the deceased person.
4. Complete details of the family of the deceased person.
5. Complete details of all the legal heirs of the deceased person.
6. No Objection Certificates from other legal heirs.
7. Rights of the person petitioning for a succession certificate.
8. Lists of assets, debts and securities of the deceased person.

The Validity of the Succession Certificate

The Succession Certificate is valid everywhere in the country. In case the holder is a resident of some other country and has been granted a legal succession certificate by a government-appointed Indian representative, for that particular nation, the document must be stamped following the guidelines of the Court Fees Act, 1870.

Rules Of Succession Certificate in India

A succession certificate is a legal document that authorizes the heir of a deceased person to inherit and transfer their property to their name. The certificate is a valuable document that simplifies the process of inheritance and provides legal protection for the heirs. In this blog, we will discuss the Rules of Succession Certificate in India.

When Is Succession Certificate Required?

A succession certificate is required when there is no will, and the deceased person’s legal heirs want to inherit their property. The succession certificate in family law is necessary to transfer ownership of the property to the heirs. It is also required in case of disputes between family members regarding the property.

Is Succession Certificate Required for Immovable Property?

Yes, a succession certificate is required for immovable property like land, house, or any other immovable assets. The certificate is essential to transfer ownership of the property to the legal heirs.

Succession Certificate Stamp Duty

The stamp duty for a succession certificate varies from state to state. In most states, the stamp duty is a percentage of the value of the property. In some states, the stamp duty is fixed. It is essential to pay the stamp duty to get the certificate.

Latest Insights on Succession Certificates in India

• According to a report by the Indian Express, the Delhi High Court has recently held that a succession certificate is not necessary for the transfer of shares of a deceased person in a private limited company. (Source: Indian Express)

• The Madras High Court has recently observed that a succession certificate is not required if the legal heirs of the deceased person are in agreement about the inheritance of the property. 

A succession certificate is a valuable document that simplifies the process of inheritance and provides legal protection for the heirs. It is required for immovable property, and the stamp duty varies from state to state. NoBroker provides legal services that can help you obtain a succession certificate quickly and efficiently. Contact us today to learn more about our legal services.

Succession Certificate format

The Succession Certificate format essentially covers the petition no, date of the institution, date of the decision, name of petitioners, their address, and the issuance that the petitioner has been granted the authority for a specific purpose, for example, collecting debts on behalf of the deceased or change the electricity connection ownership. 

How is a Succession Certificate Different from a Legal Heir Certificate?

Criteria	Succession Certificate	Legal Heir Certificate
Purpose	Grants power for transactions on behalf of the deceased. Allows takeover of assets/securities and debt payment.	Identifies holder as the legal heir of the deceased.
Issuing Authority	District court judge	Municipality or Tehsildars
Specifications	Lists assets, debts, securities, and relationship of the petitioner to the deceased.	Lists all legal inheritors of the deceased.
Effect	Doesn’t guarantee the holder is the ultimate estate beneficiary.	Holder is entitled to inherit the estate.
Time Required	Minimum of 45 days	15-20 days
Assets Covered	Only movable properties	All kinds of properties

Revocation of the Succession Certificate

Succession Certificate can be revoked under the following circumstances – 

1. If it is obtained fraudulently by deceiving the court.
2. If the proceeding that took place to grant the certificate was proven defective or incomplete.
3. If the allegation of succession made by the petitioner turns out to be false.
4. The certificate is no longer useful or operative due to the circumstances.

Succession laws are meticulously crafted to ensure the equitable distribution of a deceased individual’s responsibilities and assets. In the absence of a legal will, the court and the rightful heirs collaborate to settle the financial matters. Initiation of this process sees the rightful heir pursuing the Succession Certificate, a process that spans roughly 45 days from the moment a petition is submitted in court. Once the court confirms the heir’s legitimacy and resolves any disputes from other potential heirs, the District Judge issues the Succession Certificate. 

This document empowers the heir to assume control of the deceased’s financial assets and obligations, ensuring that all outstanding debts are repaid to the relevant parties. If the process seems daunting, consider seeking guidance from professionals like NoBroker. They offer top-tier legal documentation services at competitive rates, ensuring a hassle-free and stress-free experience.  

FAQ’s 

Encumbrance Certificate: Types, Documents Required and Uses

Hello there! Are you looking towards purchasing a property? Well, of course, you would not want to invest your money in a property to, later on, find out all the legal and financial crises that property has brought along in your life. Properties that you are willing to buy may have a loan on them or have been registered against individual loans with the banks. You might end up in legalities if you purchase a property, without checking for these issues. And, of course, we know how tedious it is to get tied up in such scenarios. To avoid such a case, you are looking for the encumbrance certificate of the property.

You might also need an Encumbrance Certificate if you want to get involved with loans and banks. Whether you want your bank to pay a loan for you to buy a particular property, or if you wish your bank to sanction your loan against your existing property, you still need this document. But, don’t worry; we are here to tell you all you need to know about the encumbrance certificate to wipe that blank look off your face.

What is an Encumbrance Certificate?

If you wish to know whether the property is free from any financial and legal issues, all you need to do is find out about that property’s encumbrance certification. An encumbrance certificate means a legally issued paper or document of a property which states that it is under no financial and legal liabilities. Apart from this, it also shows you the property status and the total number and details of its past owners. It also states the transfer of ownership in the past times and all the mortgage bindings of the property. Properties against which the mortgage isn’t completed, cannot obtain the EC. Apart from this, an EC is a required document if you are looking forward to applying loan to buy that property, or if you want to use the loan on your existing property. It is also viewed in the panchayat office if the property owner has not paid land tax to the government in the past three years.

Why is an Encumbrance Certificate Required?

An Encumbrance Certificate (EC) is a crucial document used as evidence of free title/possession of a property. The document is needed while purchasing or selling a property or when applying for a home loan or loan against property to confirm that the particular property is free of any economic or legal liabilities.

Types of Encumbrance Certificates

There are many types of encumbrances, but four of the most common are easements, deed restrictions, encroachments, and liens.

1. Lien

A lien is the most common type of encumbrance, and it can be placed on a property to receive a financial obligation from the homeowner, i.e., a mortgage. The lien remains on the property until the mortgage is fully paid. It can also include tax liens for unpaid taxes.

Additionally, a contractor can obtain a lien when they have not received payment for repairs done to the property. If the lien is not satisfied, it can lead to the foreclosure of the house, with the proceeds of the sale going toward the payment of the owner’s debts.

2. Deed Restriction

A deed restriction places a restriction on what can be done to the property. It is also known as a restrictive covenant. The restriction can be anything from banning placing a satellite on the roof to designating where cars can be parked. It can also limit the construction of anything on the land.

Deed restrictions help create a standard for what the property can be used for and are often used to protect the value of the property. The restrictions are usually placed on properties with historical significance.

3. Easement

An easement gives a person or entity the right to use the property even though they don’t own it. For example, a utility company might obtain an easement to place power grids on a farmer’s property. A common easement is one that allows the owner of an adjacent property to use the driveway of another property for access.

Another common easement is one that exists when a common walkway to the beach cuts through one owner’s property. The easement is on the land, not the property itself.

4. Encroachment

An encroachment exists when a section of one property extends over to an adjacent property. This can include, for example, a fence that is built along with the adjacent property or a tree branch that hangs over a neighbouring property. Usually, the property owner encroached upon will want the encroachment to be removed, as an encroachment often makes it harder to transfer their property title to a new owner.

How to Apply for an Encumbrance Certificate

Much like applying for most other official documents, there are two ways to apply for an Encumbrance Certificate also. The two ways are offline and online.

How to Apply for an Encumbrance Certificate Offline

If you wish to apply for an Encumbrance Certificate offline, then you can do it easily with application number 22 in the chambers of a sub-registrar. Most states follow this method and work with handwritten documents. While applying for this document, the applicant also needs to provide all his or her self-attested copies of their records, such as the address proof, papers of the property, registration papers, etc. You also need to attach all the relevant documents required of the property, in terms of any exchange or deed. The property registration papers of the property are to be attached.

Also, you should know that the processing fee to apply for an encumbrance certificate varies from state to state. It would be best if you also remembered that it is only valid for a specific time and needs to be revised and updated every few years, as its tenure gets over while you apply for an Encumbrance Certificate. If you have missed over updating your property’s EC or are now making an EC of your property, you would first be needed to avail the NEC, Nil Encumbrance Certificate. Nil Encumbrance Certificate is a document stating your property’s position in the gap period between two Encumbrance Certificates.

What are the uses of an Encumbrance Certificate?

The following circumstances, in general, necessitate the use of an encumbrance certificate:

EC for purchase: A non-encumbrance certificate is necessary when purchasing a home to demonstrate that you are dealing with the correct party and that the property is free and clear of all liens.

EC for sale: If an individual chooses to sell their property, they are required to show the encumbrance certificate along with all other relevant documents to the potential buyer. To obtain the certificate, the seller must apply for it and get it from the government’s files.

Use EC for property mutation: After purchasing the property, the owner must use property mutation to officially document the ownership transfer.

Encumbrance certificate for loans: Before approving your application for a home loan to buy a home, banks frequently require an encumbrance certificate.

EC for the elimination of PF: Your employer will request the EC if you utilise your provident fund to put a down payment on a home.

How to Check the Status of an Encumbrance Certificate?

In most Indian states, application for an Encumbrance Certificate has been taken over to EC online means by the state government websites. Applicants can easily log in on the state website and check the status of their property’s Encumbrance Certificate Status, without any hassles. It takes a maximum of thirty days typically to get approved. Once it has been approved, it can be easily downloaded from the site. However, suppose it has exceeded the duration. In that case, you can quickly contact them for help via the number provided on the website or write an application to them over mail with the mail address provided.

Documents Required for Obtaining Encumbrance Certificate

• Application form
• Attested copy of address proof
• A photocopy of any previously executed deed of the said property such as sale deeds, gift deeds, partition deeds, release deeds, etc.
• Details about the property and its title details
• The registered deed number, date, book number, volume/ CD number, and signature of the applicant should be affixed with it.
• Period for which the EC is required
• The purpose for which the EC is applied for
• Copy of Power of Attorney, in case of application, is made by the attorney holder
• Aadhar card
• Property card if available

Updating an Encumbrance Certificate: A Guide for Indian Homebuyers

Encumbrance Certificate (EC) is an important document that proves the ownership of a property and its clear title. It is a must-have document for homebuyers looking to purchase a property, as it serves as evidence of the property’s transaction history and the absence of any legal liabilities or claims against the property. But what if you need to update your EC? Here’s a step-by-step guide on how to update an EC in India.

An EC is usually valid for a period of 30 years and must be updated regularly to ensure that it reflects the current status of the property. Updating an EC is a straightforward process that involves obtaining a new certificate from the relevant authority and updating the property’s transaction history.

Here are a few things to keep in mind while updating your EC:

• Verify the ownership of the property
• Ensure that all taxes and other liabilities have been paid
• Check for any ongoing legal disputes
• Get the latest copy of the EC
• Update the transaction history of the property

Get Your EC Up-to-date in a Jiffy with These Simple Steps

Updating your EC is a breeze when you follow these simple steps:

1. Verify the Ownership of the Property

Check the latest property deed

Obtain a No Objection Certificate (NOC) from the current owner

2. Check for Any Liabilities

Ensure that all taxes and other liabilities have been paid

Get a receipt for the same

3. Check for Any Legal Disputes

Verify if there are any ongoing legal disputes related to the property

4. Get the Latest EC

Visit the relevant authority’s website (e.g., Karnataka, Bangalore Development Authority, etc.)

Download the EC application form

Fill in the required details

Submit the form along with the necessary documents (property deed, NOC, receipts, etc.)

5. Update the Transaction History of the Property

Once the EC has been updated, ensure that the transaction history of the property reflects the latest information

Make the EC Updating Process a Breeze

Here’s a handy table to help you keep track of what you need to do while updating your EC:

STEP	TASK	DOCUMENTS REQUIRED
1	Verify Ownership	Property Deed, NOC
2	Check for Liabilities	Receipts for Taxes and Other Liabilities
3	Check for Legal Disputes	Information on Ongoing Legal Disputes
4	Get the Latest EC	EC Application Form, Filled in with Required Details
5	Update Transaction History	Updated EC Reflecting the Latest Information

• Verify the ownership of the property
• Check the latest property deed
• Obtain a No Objection Certificate (NOC) from the current owner
• Check for any liabilities
• Ensure that all taxes and other liabilities have been paid
• Get a receipt for the same
• Check for any legal disputes
• Verify if there are any ongoing legal disputes related to the property
• Get the latest EC
• Visit the relevant authority’s website (e.g., Karnataka, Bangalore Development Authority, etc.)
• Download the EC application form
• Fill in the required details- Submit the form along with the necessary documents (property deed, NOC, receipts, etc.)
• Update the transaction history of the property- Once the EC has been updated, ensure that the transaction history of the property reflects the latest information

Updating an Encumbrance Certificate (EC) is an important task for homeowners and buyers in India, as it helps ensure that the property’s title is clear and free from any legal liabilities or claims. With the help of this guide, updating your EC has never been easier!

But what if you need professional help with the EC updating process? That’s where NoBroker comes in! Our legal services team can help you navigate the complexities of the EC updating process and ensure that your property has a clear title. Get in touch with us today to learn more!

Difference Between Encumbrance Certificate, Completion Certificate and Occupancy Certificate

Purchasing a property is stressful, and the different legal documents usually cause buyers to get perplexed. The distinction between Encumbrance Certificate, Completion Certificate, and Occupancy Certificate is the one that people most frequently get wrong. For clarification on the crucial differences between the 3, see the following:

Encumbrance Certificate (EC): A legal document that certifies a piece of property is unencumbered by debts or obligations is known as an encumbrance certificate.

Completion Certificate (CC): A completion certificate, which is a legal document, is issued when a building is finished in accordance with the building plan and other specifications.

Occupancy Certificate (OC): A legal document that certifies the building is now secure to enter is called an occupancy certificate. It is issued after receiving the CC.

How to Download the EC Online?

All you need to check for this is to log in to the website. Then, you need to go to the section of the Encumbrance Certificate and enter your credentials. Once the status of your Encumbrance Certificate has been approved on the state website, you can easily download the document in the form of a printable pdf, on your device, and attach its printed copy with the records of your property. You might need to wait over fifteen to thirty days, as it takes this much time for your property’s EC status to be approved.

You have already learned all you need to know about the encumbrance certificate. A paper issued by the Registrar states that your property has no liability in terms of legal and financial issues. It can be easily applied online as well and EC online takes about fifteen to thirty days to get approved. You can quickly check for the status of your application on the website itself. Not only this, but you can also download EC online onto your device very easily. It is essential to check for this certificate if you are planning to invest in a property. It not only tells you the legal and financial position of a property, but it also means you the history of ownership of the property. You might want to look at that as well.

There is so much an Encumbrance Certificate can tell you about a property. Why wait now? Happy Investing! Looking to buy or sell a property? It’s time to trust the experts at NoBroker! Get an expert legal team to go over all your documents so that you don’t invest in a property that has legal issues. This could cost you plenty of time and money. Be smart and get the right team to help you with the whole process. Click the link below.

FAQ’s

What is a Conversion Certificate? Know Its Importance & How to get it

Are you planning to buy a property in India? Do you know about the conversion certificate and its significance? 

This blog is a comprehensive guide on conversion certificates that covers everything you need to know. Read this blog to learn about the process of obtaining a conversion certificate, the documents required, fees, and more. 

What is a Conversion Certificate?

A conversion certificate is a document that certifies the change of land use from agricultural to non-agricultural purposes. As the conversion is typically started by a deputy commissioner or sub-divisional officer, it is also known as a Deputy Commissioner or DC Conversion certificate in some states.

The Deputy Commissioner must receive an application for authorization on the change of land use from the property owner to issue a land conversion certificate. Each state has a different process for converting land. For instance, to reduce delays and prevent corruption, the government of Karnataka recently introduced an online method for land conversion.

Where can you get a Conversion Certificate?

A conversion certificate can be obtained from the local revenue department or the village panchayat office. Certain states like Karnataka have also implemented an online process of issuing land conversion certificates meaning residents can obtain certificates faster and more easily. 

Why is a Conversion Certificate Important?

When you want to use your agricultural land for other uses, a conversion certificate is crucial. You won’t be able to construct anything on the property without presenting this certificate, and you risk facing harsh fines.

Additionally, it allows the authority concerned the right to demolish the property on which work has been done without permission. In fact, without a conversion certificate, any construction made on agricultural land, like a farmhouse for example, can attract harsh penalties if used for any purpose other than personal use. 

If you plan to utilise your agricultural land for something other than agriculture or before you buy a home, make sure you obtain a land conversion certificate.

Process of Obtaining a Conversion Certificate

A conversion certificate is a key piece of documentation that needs to be obtained whenever agricultural land is used for non-agricultural purposes. Since this is such an important document the government has simplified the process to obtain one, both online and offline. 

How to get Land Conversion Certificate Online? 

The process of obtaining a conversion certificate online involves visiting the official website of the revenue department, filling the application form, and uploading the necessary documents. This is an affidavit-based land conversion process. All you have to do is follow these steps for an online application for land conversion in Karnataka-

1. Visit the Land Records Bhoomi website which is the official website for land records set up by the Karnataka government.

2. Register yourself using your name, email address, mobile number, Aadhar number and address.
3. Enter your desired username and password after which an OTP will be sent to the registered mobile number.
4. Enter the OTP and click on proceed to continue. If you already have an account enter the username and password to proceed. 
5. Click on affidavit-based conversion to continue. 
6. Upload scanned copies of the affidavit, RTC, property mutation document, 11E sketch (if applicable), etc.
7. Once you’ve uploaded the required documents, the concerned authorities will carry out the necessary verification and reviews. Once approved by the DC you will have to pay the necessary fees after which the printable land conversion certificate digitally signed by the DC will be issued.

Process of Obtaining a Conversion Certificate Offline

The process of obtaining a conversion certificate offline involves visiting the local revenue department or the village panchayat office, filling out the application form, and submitting the necessary documents in person. 

1. You must first ask for conversion authorization. To request the same, you must apply to the Deputy Commissioner or the Collector. A few papers, such as the land record certificate, copies of the land map, the measurement plan, and the letter of mutation, among others, must be submitted with your application.

2. Verification is conducted by surveyors and case workers appointed by the concerned authorities. The relevant authority will check the information you provided about the property through the Tehsildar’s office after receiving your application. An officer will visit the location to determine whether it is unoccupied land.

 Your application can be turned down if the property is under dispute. Similarly, to this, any existing structures or high-intensity power lines could result in the application being rejected.

3. If your property is located inside the municipal boundaries, the sub-divisional officer or collector will confer with the Planning and Development Authority to verify the master plan. They will also look for any issues with the land. Any objections will be filed in writing to the relevant authority if there are any.

4. The CLU (Change of Land Use) application will be accepted if all goes according to plan. You must, however, comply with the prohibition against using the land for any other purpose and ensure that the CLU charges against you have been dropped. Additionally, you must give the Tehsildar notice of CLU within 30 days for the necessary adjustments to be made to your property record.

Documents Required to Obtain a Conversion Certificate

The documents required to obtain a conversion certificate include the title deed, land use certificate, and the revenue record of the property. These are the documents you would be required to submit-

• Original sale deed
• The title deed of the concerned property
• Land registration certificate
• Sketch of the land or copy of land map and records
• Copy of the site and proposed building plans
• Registration certificate of the architect
• Mutation certificate
• NOC from concerned authorities
• Form 10 to prove occupancy
• UDA issues zonal certificates
• Survey map
• Copy of the Land Tribunal Order
• Latest tax deposit receipts as proof of paid dues

Fees and Charges to be Paid to Obtain a Conversion Certificate

Every state has a different set of fees and levies. The fee also varies depending on the intended use of converted land. 

Fees for Land Converted for Residential Use

TYPE OF LAND	FEES
Land within 12 km of City Corporation limits	₹327
Taluk limits	₹218
Rural	₹89

Fees for Land Converted for Commercial Use

TYPE OF LAND	FEES
Land within 12 km of City Corporation limits	₹654
Taluk limits	₹327
Rural	₹218

A conversion certificate is an essential document that certifies the change of land use from agricultural to non-agricultural purposes. Obtaining a conversion certificate can be done online with a land conversion certificate download, or offline, and the fees and charges vary depending on the state and local authority. It is important to keep the necessary documents ready and be prepared for the fees and charges. 

With the help of NoBroker, you can navigate the process of obtaining a conversion certificate smoothly. Get in touch with the NoBroker team to learn more. Let NoBroker simplify the process of obtaining a conversion certificate for you.

FAQs

Understanding Society Share Certificates in India: A Comprehensive Guide

As a homeowner or real estate investor, you might have heard about society share certificates. But, do you know what they are and why they are important? In simple terms, society share certificates are documents issued by housing societies to their members, representing their share in society. They are an essential document for anyone who owns a flat or property in a housing society. As a homeowner or real estate investor, society share certificates hold significant value for you. They provide legal proof of your ownership and share in society. Without a society share certificate, it becomes difficult to prove your ownership and your rights in society.

The purpose of this blog is to help you understand society share certificates, their importance, and how to manage them effectively. We will discuss the issuance of society share certificates, the share certificate housing society format, society share certificate rules, and the process of transfer of share certificate of society in case of death. We will also delve into the legal perspective of society share certificates, the rights and obligations of share certificate holders, and common issues and solutions.

What is a society share certificate?

Apart from these basic details, the society may also include additional information on the share certificate such as the share transfer rules, the society bylaws, and the rights and obligations of the share certificate holders. It is essential to understand these rules and regulations as they are binding on all the society members and can have legal implications in case of any disputes. When a housing society share certificate in joint names is issued, both parties hold equal rights to the share.

In some cases, the society may also issue duplicate share certificates in case of loss or damage of the original certificate. The process for obtaining a duplicate share certificate may vary from society to society, and it is advisable to consult the society’s bylaws or seek legal assistance in case of any confusion.

What sets apart a Share Certificate from a Conveyance Deed?

While a share certificate and a conveyance deed might seem similar, they serve different purposes. A conveyance deed is a legal document that transfers ownership of property from the builder or developer to the housing society. On the other hand, a share certificate is a document issued by the society that certifies the ownership of shares in the society by its members.

One of the significant differences between a share certificate and a conveyance deed is that while a conveyance deed is a legal requirement mandated by law, a share certificate is not. However, a share certificate is essential as it serves as proof of ownership of shares in society. The share certificate is a valuable document that every member must possess as it not only establishes the member’s ownership but also the member’s voting rights and entitlement to dividends or profits from the society.

Another significant difference between a share certificate and a conveyance deed is the process of issuance. A conveyance deed requires stamp duty to be paid to the government, which varies from state to state. In contrast, a share certificate does not require any stamp duty payment. However, the society may charge a nominal fee for the issuance of a share certificate.

It is crucial to understand the difference between a share certificate and a conveyance deed to avoid any confusion regarding the ownership of the property or shares in society.

What is the purpose of a Share Certificate in India?

The primary purpose of a share certificate in India is to establish ownership of shares in a housing society. It is a legal document issued by the society to its members, certifying the number of shares held by the member of the society. It also establishes the member’s voting rights and entitlement to dividends or profits from society.

The share certificate is an essential document for every member of society, and it is crucial to obtain it immediately after becoming a member of society. It serves as proof of ownership, which can be used to obtain loans, sell the shares or transfer ownership to another person.

In case of any dispute or conflict, the share certificate serves as evidence of the member’s ownership of shares in society. It also helps in maintaining transparency and accountability in society’s affairs, as every member can verify their shares’ ownership and entitlements.

What are the essential steps to follow while issuing a Share Certificate?

Issuing a share certificate is a crucial process that must be done with utmost care and accuracy. The following are the essential steps to follow while issuing a share certificate:

1. Verify the member’s details: The society must verify the member’s details, such as their name, address, and shareholding, before issuing the share certificate.
2. Prepare the share certificate: The share certificate must be prepared in the prescribed format and signed by the authorized signatories.
3. Record the share certificate: The society must maintain a record of the share certificate issued, including the member’s name, shareholding, and the date of issuance.
4. Deliver the share certificate: The share certificate must be delivered to the member in person or by registered post.
5. Update the share register: The society must update its share register to reflect the issuance of the share certificate to the member.

Issuing a share certificate involves legal compliance and must be done in accordance with the laws and regulations governing housing societies in India. Let’s learn about them in our next section. 

A legal perspective on society share certificates

Rights and obligations of share certificate holders

As a society share certificate holder, you have certain rights and obligations that are defined by the society’s bylaws and the applicable laws. These rights and obligations include:

1. Right to attend and vote in society meetings: As a share certificate holder, you have the right to attend and vote in society meetings. You can voice your opinions and concerns and participate in the decision-making process of the society.
2. Obligation to pay society maintenance charges: Share certificate holders are required to pay maintenance charges to the society on a regular basis. These charges are used for the upkeep and maintenance of the common areas and amenities of the society.
3. Right to transfer of share certificate of society in case of death: The share certificate holders have the right to transfer their share certificate to another person subject to the society bylaws and the applicable laws.
4. Obligation to comply with society bylaws: Share certificate holders are required to comply with the society bylaws and regulations and follow the rules and guidelines laid down by the society.

Importance of proper documentation

Proper documentation is essential when it comes to society share certificates. The share certificate is a legal document that establishes your ownership and share in society. It is important to ensure that the share certificate contains accurate and updated information.

In case of any changes such as a change in the name of the member, transfer of shares, or any other modifications, it is important to get the necessary documentation done and update the share certificate accordingly. Failure to do so can result in legal complications and disputes in the future.

Common issues and solutions

There can be various issues and disputes that may arise in connection with society share certificates. Some common issues include disputes over ownership, transfer of shares, and non-payment of maintenance charges.

It is important to seek legal assistance and follow the proper legal society share certificate transfer procedures to resolve these issues. In some cases, it may also be helpful to seek the services of a professional property management company like NoBroker, which can help manage the society share certificates and ensure compliance with the applicable laws and regulations.

How to transfer name in society share certificates?

Process of transfer of share certificate of society in case of death

In case of the death of a member, the society share certificate can be transferred to the legal heir of the deceased member. The legal heir needs to provide relevant legal documents such as a death certificate, a succession certificate, or a will to society. The society will then transfer the share certificate to the legal heir.

How to add name in society share certificate?

If you have recently got married or have had a new family member, you can add their name to the society share certificate. The process involves submitting the necessary documents such as a marriage certificate or a birth certificate to society.

Process of society share certificate transfer

If you are selling your property or flat, you need to transfer the share certificate of flat to the buyer. The process involves submitting a transfer request to the society along with relevant legal documents such as the sale deed and the no-objection certificate from the society.

How can you obtain a duplicate Share Certificate in India?

The loss of share certificate of housing society can happen to anyone. In case a member loses their share certificate or it gets damaged, they can obtain a duplicate share certificate by following the steps mentioned below:

1. Lodge a complaint with the society: The first step to obtaining a duplicate share certificate is to lodge a complaint with the society. The member must inform the society about the loss or damage of the share certificate and request a duplicate certificate.
2. Provide necessary documents: The member must provide necessary documents such as an FIR (in case of loss), an affidavit stating the reason for the loss, and a request letter for the issuance of a duplicate share certificate.
3. Pay the requisite fee: The society may charge a nominal fee for the issuance of a duplicate share certificate. The member must pay the requisite fee to the society.
4. Obtain a no-objection certificate: The society may ask the member to obtain a no-objection certificate from the bank if the share certificate was pledged as collateral for a loan.
5. Verification process: Once the member provides all the necessary documents and pays the requisite fee, the society will initiate the verification process to confirm the member’s ownership of the shares.
6. Issue of duplicate share certificate: After verifying the documents, the society will issue a duplicate share certificate to the member.

It is important to note that the issuance of a duplicate share certificate involves a legal process and must be done in accordance with the laws and regulations governing housing societies in India. Also, it is essential to inform society immediately after losing the share certificate to avoid any unauthorized transfer of shares. The member should take necessary precautions to prevent the loss or damage of the share certificate by storing it in a safe place and avoiding unnecessary handling.

Simplify your property transactions with NoBroker: A hassle-free solution for Society Share Certificates and more.

Property share certificates are an essential aspect of owning property in a society in India. They are proof of ownership and play a crucial role in the transfer of ownership and pledge of shares. It is important for members of housing societies to understand the process of issuing and obtaining Society Share Certificates and to follow the necessary legal procedures to avoid any disputes or legal issues.

In addition, if you are looking to buy, rent, or sell a property in a gated society, NoBroker is the platform for you. NoBroker provides hassle-free property transactions without any brokerage fees, making it the most cost-effective option for property owners and seekers alike. The platform offers a wide range of properties and services that cater to the diverse needs of its users.

Moreover, NoBroker Legal services provide a convenient way for property owners to navigate the complexities of real estate laws, including the process of obtaining and issuing share certificates. With the help of NoBroker’s legal experts, property owners can rest assured that their transactions are legally sound and free of any legal hassles.Overall, owning a property in a housing society in India can be a rewarding experience, but it comes with certain responsibilities and legal obligations. It is important to stay informed and updated about the regulations and processes related to housing societies to avoid any legal complications. And NoBroker is here to help you with all your property needs, providing you with a one-stop solution for all your real estate transactions and legal requirements. Click on this link to explore the wide span of NoBroker’s property buying and selling services

FAQ’s

Lal Dora Certificate: Understanding the registration process and its Implications

Are you a property owner in Delhi or Haryana and have come across the term “Lal Dora certificate” but don’t know what it is? This blog is for you. We will cover what a Lal Dora certificate is, how to obtain it, and why it is important. 

By reading this blog, you will learn everything you need to know about Lal Dora certificates and how they impact your property ownership. So, keep reading to find out more!

Unlocking the Power of Lal Dora: Understanding the Lal Dora Certificate

What is a Lal Dora Certificate?

A Lal Dora certificate is a legal document that certifies that a property is situated in a village abadi area and is exempted from the regular building bye-laws and zoning regulations. 

To obtain a Lal Dora certificate, you need to provide documents such as property registration papers, proof of ownership, and land use documents. 

Once you obtain a Lal Dora certificate, it legalizes your property and allows you to obtain various permits and licenses.

From Ancient Times to Modern Day: Tracing the History of Lal Dora

Lal Dora is a Hindi term used to describe the outer limits of a village, where agricultural land is used for non-agricultural purposes such as residential, commercial, or industrial purposes. 

The term “Lal Dora” translates to “red thread,” and it refers to the red line that was used in the past to mark the boundary of a village.

Lal Dora dates back to the British Raj when the British introduced the concept of delineating the boundaries of villages for revenue collection purposes. The Lal Dora concept was later adopted in the post-independence era by the Indian government, which recognized that the practice of using agricultural land for non-agricultural purposes was prevalent in rural areas. The Lal Dora concept provided a legal framework to regularize this practice.

Lal Dora Certificate: For the Two States – Delhi and Haryana

In Delhi and Haryana, Lal Dora has different connotations. 

Lal dora Delhi refers to the areas that are exempted from building bylaws and other zoning regulations. These areas are usually located in the old parts of the city and are densely populated. The residents of Lal Dora areas do not have clear property titles, and the land is often sold and transferred through informal means.

In Haryana, Lal Dora refers to the land that falls within the village boundaries and is used for non-agricultural purposes. However, unlike in Delhi, Lal Dora land in Haryana is not exempted from building bylaws and zoning regulations. The Haryana government issues Lal Dora certificate Haryana to the residents of these areas, which provide legal recognition of their ownership rights.

Why You Need a Lal Dora Certificate: The Importance of Property Ownership

A Lal Dora certificate is essential for people who own properties in rural areas, especially in Delhi and Haryana. It legalizes your property and allows you to obtain various permits and licenses. Without a Lal Dora certificate, your property is considered illegal and may be subject to demolition. 

Moreover, a Lal Dora certificate also ensures that your property is eligible for basic amenities like electricity, water supply, and sewerage.

Going Through the Process of Getting a Lal Dora Certificate

Navigating the Process: How to Obtain a Lal Dora Certificate

The process of obtaining a Lal Dora certificate can be a bit complicated and time-consuming. Firstly, you need to apply to the concerned authorities and submit the required documents. Then, a surveyor will visit your property to verify its location and boundary. 

Once the survey is completed, you will receive a provisional certificate, and after paying the necessary fee, you will receive the final Lal Dora certificate.

Get Your Lal Dora Certificate: A Step-by-Step Guide to Registration

To register for a Lal Dora certificate, one must follow the below mentioned steps:

1. Visit the local Municipal Corporation or Panchayat office in the area where the Lal Dora land is located.
2. Obtain the Lal Dora Certificate application form from the respective office or download it from the official website.
3. Fill the application form with accurate details such as the name of the applicant, address of the Lal Dora land, and other relevant information.
4. Submit the application form along with the necessary documents to the concerned authority.
5. Pay the prescribed fee for the registration of the Lal Dora certificate.
6. Once the verification of the documents and the application is complete, the Lal Dora certificate will be issued.

Apply for Lal Dora Certificate Online: A Convenient Option

The online application process for Lal Dora Certificate varies from state to state. In some states, the online application process is not available, and one must visit the Municipal Corporation or Panchayat office to obtain the certificate. 

However, in some states, the online application process is available, and one can follow the below-mentioned steps to apply online:

1. Visit the official website of the concerned authority.
2. Look for the Lal Dora Certificate application link and click on it.
3. Fill the online application form with accurate details such as the name of the applicant, address of the Lal Dora land, and other relevant information.
4. Upload the necessary documents in the prescribed format.
5. Pay the prescribed fee online using a debit/credit card or net banking.
6. Once the verification of the documents and the application is complete, the Lal Dora certificate will be issued.

Essential Documents for Lal Dora Certificate: What You Need to Know

To obtain a Lal Dora certificate, the following documents are required:

• Copy of the Jamabandi
• Copy of the Khasra Girdawari
• Copy of the Property Card
• Copy of the Aadhaar card
• Proof of ownership of the property
• NOC from the Revenue Department

Lal Dora Certificate Form and Fees

The Lal Dora Certificate form can be obtained from the Municipal Corporation or Panchayat office where the Lal Dora land is located. The fee for obtaining the Lal Dora certificate varies from state to state and is generally a nominal amount.

Checking the Validity of Your Lal Dora Certificate

After obtaining a Lal Dora certificate, it is essential to check its validity. You can check the validity of your Lal Dora certificate by visiting the concerned authorities or checking online on the official website.

Lal Dora Certificate vs Regularized Colony: Understanding the Difference

Many people confuse Lal Dora certificates with regularized colonies. However, both are entirely different concepts. 

A regularized colony is a land that was once considered illegal but has now been regularized by the government. In contrast, a Lal Dora certificate is a certificate that legalizes a property situated in a village abadi area. 

Understanding Lal Dora Certificates: A Boon for Investors

Lal Dora Properties: Unlocking the Hidden Gems of Land Ownership

The land that falls under the Lal Dora category is primarily used for agricultural purposes, but over time, it has been used for residential and commercial purposes as well. Lal Dora properties are essentially rural properties that are located in the outskirts of Delhi and Haryana. 

These properties are unique in the sense that they are not bound by the usual urban development norms and regulations, and hence, are cheaper than other properties in the urban areas.

Why Lal Dora Matters: The Impact on Property Buyers and Sellers

Lal Dora properties are an attractive option for buyers and sellers due to their comparatively low prices and their exemption from urban development norms and regulations. 

The properties under Lal Dora are often sold at much lower prices than those in urban areas, making them an affordable option for buyers. 

Lal Dora properties are exempt from building by-laws and other regulations, which means that buyers can construct buildings without obtaining any permits from the government. This makes it easier for buyers to develop the property as per their requirements, which makes Lal Dora properties a preferred choice for commercial and industrial purposes.

Legal Aspects of Lal Dora Property Registration

The Lal Dora land falls under the jurisdiction of the Gram Panchayat, which is responsible for maintaining land records and issuing Lal Dora certificates. In order to register a Lal Dora property, the property owner must obtain a Lal Dora certificate from the village panchayat or local municipal authority. 

The certificate verifies that the property falls within the Lal Dora limits and is exempt from many of the land laws and regulations that apply to other types of properties. It is important to note that Lal Dora properties are not eligible for building permits or any other type of construction-related approvals.

Developing Lal Dora Land: Unlocking the Potential for Growth

Lal Dora land has great potential for development, especially in rural areas that are close to major cities. While Lal Dora properties are not eligible for construction permits, they can still be used for agricultural purposes or for building small-scale structures such as farmhouses or storage units. 

With the right permits and approvals, Lal Dora land can be developed into a thriving rural community with modern amenities and infrastructure. Developers and investors are increasingly looking towards Lal Dora land as a potential area for development and investment. However, it is important to note that any development on Lal Dora land must comply with the rules and regulations set by the local authorities.

Understanding the legal framework of Lal Dora properties:

Lal Dora refers to the red line that marks the boundary of villages in Delhi and Haryana. The land that falls within this boundary is exempt from building bylaws and property taxes, making it an attractive investment option. 

However, it is crucial to understand the legal framework that governs Lal Dora properties. The Lal Dora certificate is an essential document that proves ownership of land within the Lal Dora boundary. It is issued by the revenue department of the respective state government.

Navigating Property Laws and Regulations for Lal Dora Properties

The ownership and transfer of Lal Dora properties are governed by the Indian Registration Act, 1908, and the Transfer of Property Act, 1882. 

Additionally, the Delhi Land Reforms Act, 1954, and the Haryana Land Reforms Act, 1972, provide a legal framework for the transfer of Lal Dora properties. It is important to note that the Lal Dora certificate does not provide ownership of the land, but it merely certifies that the land falls within the Lal Dora boundary.

Resolving Disputes: Understanding the Mechanisms for Lal Dora Properties

Disputes related to Lal Dora properties can be resolved through various legal avenues, such as civil courts, consumer courts, and the revenue department. 

It is important to note that the Lal Dora certificate plays a crucial role in resolving disputes related to Lal Dora properties. Additionally, buyers and sellers of Lal Dora properties should ensure that all necessary legal documentation is in place to avoid any disputes in the future.

Challenges and Loopholes in Lal Dora Property Laws: What You Need to Know

One of the major challenges in Lal Dora property laws is the lack of clear ownership records. Many Lal Dora properties have been passed down through generations without proper documentation, leading to disputes over ownership. 

There have been instances of fraudulent Lal Dora certificates being issued, which can lead to legal complications in the future. Moreover, there is a lack of clarity on the development potential of Lal Dora properties, leading to uncertainty among buyers and sellers. To address these challenges, the state governments need to establish a transparent and robust legal framework for Lal Dora properties.

Lal Dora properties offer an attractive investment opportunity, but it is crucial to understand the legal framework that governs them. The Lal Dora certificate is an essential document for ownership and transfer of Lal Dora properties. Buyers and sellers of Lal Dora properties should ensure that all necessary legal documentation is in place to avoid any disputes in the future. 

The state governments also need to address the challenges and loopholes in Lal Dora property laws to provide clarity and certainty to buyers and sellers.

Now that you know everything about Lal Dora certificates, it’s time to take action. If you haven’t obtained a Lal Dora certificate yet, we recommend doing so as soon as possible to avoid any legal issues. If you have any questions or need help obtaining a Lal Dora certificate land, NoBroker can help. Contact us today to know more.

FAQ’s

Everything You Need to Know About NOCs for Property Transfer in India

As a homebuyer in India, you might come across various terms that are often confusing, one of which is the no objection certificate for property transfer. In India, when you transfer ownership of a property, it is crucial to obtain a NOC. In this blog, we will discuss everything you need to know about NOCs for property transfer in India.

Definition of NOC

A No Objection Certificate or NOC is a legal document issued by a competent authority, permitting the transfer of ownership of a property from one individual to another. The authority that issues the no objection certificate for property transfer depends on the type of property, such as a flat, a plot or a house.

Importance of NOC for Property Transfer

NOC for property transfer is a critical document as it ensures that there are no objections or claims to the property being transferred. It also helps in preventing fraud and disputes related to property ownership. A NOC helps in the smooth transfer of ownership of the property from the seller to the buyer. A crucial step in finalising the sale of a house is obtaining a no objection certificate for ownership transfer.

No Objection Certificate for Property Transfer

If you are planning to purchase a property or transfer your property’s ownership, obtaining a NOC is a critical aspect of the process. In the following sections, we will discuss the step-wise process to obtain a NOC, key points to remember while applying for no objection certificate for property transfer, and the documents required for NOC.

Step-wise process for obtaining NOC for Property Transfer

Overview of the Process

The process of obtaining no objection certificate for property transfer involves several steps. It includes the identification of the issuing authority, application for NOC, documents required, payment of fees, and issuance of the NOC.

Detailed Process

1. Identification of Issuing Authority: The authority that issues the NOC for property transfer depends on the type of property being transferred. For instance, if you are transferring ownership of a flat or apartment, the issuing authority could be the housing society, the Municipal Corporation or the Revenue Department.
2. Application for NOC: Once you have identified the issuing authority, you need to submit an application for a NOC. The application must be in the prescribed format, and you must ensure that all details are correctly filled.
3. Documents Required: The documents required for NOC for property transfer vary depending on the type of property. However, some of the common documents include the sale deed, encumbrance certificate, building approval plan, no due certificate from the local authorities, and identity proof.
4. Payment of Fees: Once you have submitted the application and documents, you need to pay the requisite fees to the issuing authority. The fees for NOC may vary depending on the type of property and the issuing authority.
5. Issuance of NOC: After completing all the above steps, the issuing authority will verify the application and documents. Once the verification process is complete, the authority will issue the NOC for property transfer.

Key points to remember while applying for NOC for Property Transfer

As a prospective homebuyer or property owner in India, it is important to understand the process of obtaining a No Objection Certificate (NOC) for property transfer. An NOC is a legal document that certifies that there are no objections to the transfer of ownership of a property. This document is essential for a smooth and hassle-free transfer of property. In this section, we will go over the key points to remember while applying for an no objection certificate for property transfer.

Details of the Property

The first step in applying for an NOC for property transfer is to provide the necessary details of the property. This includes the location, area, and type of property. It is important to ensure that all the details provided are accurate and match the property documents. Any discrepancies in the property details can cause delays in the issuance of the NOC.

Names of the Parties Involved

The next step is to provide the names of the parties involved in the property transfer. This includes the name of the buyer and seller, as well as any other parties involved in the transaction. It is important to ensure that the names are spelled correctly and match the documents provided.

Purpose of Property Transfer

The purpose of the property transfer must be clearly stated in the application for the NOC. This could be for personal use, rental purposes, or commercial use. The purpose of the transfer determines the type of clearance and approvals required from the local authorities.

Clearances and Approvals Required

Obtaining an NOC for property transfer involves obtaining various clearances and approvals from the local authorities. These clearances may include clearance from the local police station, fire department, pollution control board, municipal corporation, and more. It is important to be aware of the clearances required for the specific purpose of the property transfer.

Specific Guidelines Issued by Local Authorities

Local authorities may issue specific guidelines and regulations for property transfers. These guidelines may vary from state to state and city to city. It is important to be aware of these guidelines and ensure that all the requirements are met before applying for the NOC.

Verification of Documents

The final step in applying for an no objection certificate for property transfer is the verification of documents. All the documents related to the property, such as the sale deed, title deed, and tax receipts, must be verified by the local authorities. It is important to ensure that all the documents are up to date and accurate.

Applying for a no objection certificate for property transfer can be a complex process. However, by following the key points mentioned above and being aware of the requirements and guidelines, you can ensure a smooth and hassle-free transfer of property. Remember to be diligent and accurate while providing the details and documents, and seek the help of legal professionals if required. By following these steps, you can ensure that your property transfer process is completed without any hiccups.

Documents Required for NOC for Property Transfer

Before you can complete the transfer process, you will need to obtain a No Objection Certificate (NOC) for property transfer. This certificate ensures that the property transfer is free from any legal or financial disputes, and that all relevant authorities have approved the transfer.

One of the most critical steps in obtaining no objection certificate for property transfer is to ensure that you have all the required documents. In this section, we will discuss the documents you need to gather for the NOC application process.

List of Documents Required

• Identity Proof: The first and foremost document required for an NOC for property transfer is identity proof. This includes a copy of your PAN card, Aadhaar card, or passport. These documents will establish your identity and verify that you are the rightful owner of the property.
• Property Ownership Proof: The next essential document is the proof of property ownership. This can include the original sale deed, allotment letter, or possession letter, depending on the type of property. It is essential to ensure that the ownership proof is up-to-date and valid.
• Sale Deed: The sale deed is a legal document that contains details about the property, the buyer, and the seller. This document must be registered with the local Sub-Registrar’s office and include the details of the property transfer.
• Encumbrance Certificate: The encumbrance certificate is a legal document that certifies that the property is free from any legal or financial disputes. This certificate is crucial as it ensures that the property is transferable to the new owner without any legal or financial obligations.
• Building Approval Plan: This document is essential for properties that require building approval from the local authorities. It includes details of the property, including the layout plan, floor plan, and elevation plan. This document is critical as it verifies that the property has received all necessary approvals from the local authorities.
• No Due Certificate from Local Authorities: This document certifies that there are no pending dues or payments for the property. It includes details of any property taxes, water bills, electricity bills, or any other fees that may be outstanding. This document is crucial as it ensures that there are no financial liabilities attached to the property.
• Affidavit by the Applicant: An affidavit is a legal document that includes a sworn statement by the applicant. This statement confirms that the information provided by the applicant is true and correct. The affidavit must be signed by the applicant and attested by a notary.
• Other Specific Documents: Depending on the property and the local authorities, you may need to provide additional documents, such as the power of attorney, NOC from the society, or any other specific documents required for the property transfer.

Therefore, obtaining an NOC for property transfer is a critical step in the property transfer process in India. By ensuring that you have all the required documents, you can ensure a smooth and hassle-free transfer of ownership. We hope this guide has been helpful in understanding the documents required for an NOC for property transfer.

Society NOC Format for Property Transfer

If you are planning to buy or sell a property in a housing society in India, you must obtain a No Objection Certificate (NOC) from the society. This is an essential document that certifies that the society has no objection to the property transfer. In this section, we will discuss the importance of a Society NOC for property transfer and the procedure for obtaining it.

Importance of Society NOC

The Society NOC is crucial for property transfer as it acts as proof that the housing society has no objection to the sale or purchase of the property. Without this NOC, the transfer of ownership cannot be executed legally. The Society NOC ensures that there are no outstanding dues or disputes related to the property in question.

It is essential to note that the Society NOC is mandatory for every housing society, whether it is a registered or an unregistered society. In case the society is unregistered, the NOC must be obtained from the members of the society.

Format of Society NOC

The Society NOC for property transfer is a standard format that is followed by most housing societies in India. The format usually includes the following information:

• The name and address of the housing society
• The name and address of the transferor (seller)
• The name and address of the transferee (buyer)
• Details of the property being transferred, including the flat number and the building name
• A declaration that the society has no objection to the transfer of ownership
• A declaration that there are no outstanding dues or disputes related to the property
• The date on which the NOC was issued
• Signatures of the society members and the authorized signatory

It is crucial to ensure that the Society NOC format is followed correctly, and all the necessary details are mentioned in the NOC.

Procedure for Obtaining Society NOC

To obtain a Society NOC for property transfer, you will need to follow the following steps:

• Submit an application to the society: The first step is to submit an application for the Society NOC to the housing society. The application should include details of the property being transferred and the names and addresses of the transferor and transferee.
• Pay the necessary fees: The society may charge a nominal fee for issuing the NOC. Make sure to pay the fees as per the society’s rules and regulations.
• Provide the necessary documents: The society may ask for certain documents, such as the sale deed, property ownership proof, and encumbrance certificate. Make sure to provide all the necessary documents to avoid any delays in obtaining the NOC.
• Wait for the Society NOC: After you have submitted the application and the necessary documents, you will need to wait for the society to issue the NOC. This can take anywhere from a few days to a few weeks, depending on the society’s workload.

Obtaining a Society NOC is an essential step in the property transfer process in India. It is important to follow the correct procedure and obtain the necessary documents to ensure a smooth and hassle-free transfer of ownership. Remember, the Society NOC format for property transfer is standard, and it is crucial to ensure that all the necessary details are mentioned in the NOC.

NOC from Legal Heirs for Transfer of Property

If you’re a property owner in India looking to transfer ownership of your property to someone else, you’ll need to obtain a No Objection Certificate (NOC) from the legal heirs of the property. This can be a daunting task, especially if you’re not familiar with the legal process involved. In this guide, we’ll walk you through the steps you need to take to obtain an NOC from legal heirs for a property transfer in India.

Need for NOC from Legal Heirs

When a property owner passes away, their property becomes a part of their estate. The legal heirs of the property then inherit the property, and they have a say in what happens to it. If you want to transfer ownership of the property, you’ll need to get an NOC from the legal heirs. This NOC confirms that the legal heirs have no objection to the transfer of ownership.

Procedure for Obtaining NOC from Legal Heirs

To obtain an NOC from the legal heirs of a property, you’ll need to follow a specific procedure. First, you’ll need to identify the legal heirs of the property. This typically involves consulting with a lawyer who can help you with the legal paperwork. Once you’ve identified the legal heirs, you’ll need to approach them and request the NOC. You may need to provide them with additional documentation or information to help them make an informed decision. Once they’ve provided you with the NOC, you’ll need to submit it along with other required Documents for NOC for Property Transfer to the registrar for the transfer of ownership.

Documents Required for Obtaining NOC from Legal Heirs

When applying for an NOC from legal heirs for a property transfer in India, you’ll need to provide several documents. These may include the property documents, the death certificate of the previous owner, and a legal heir certificate. Additionally, you may need to provide an indemnity bond to protect the legal heirs in case of any future disputes over the property.

NOC from Beneficiaries for Transfer of Property in India

If you’re a property owner in India looking to transfer ownership of your property to someone else, you may need to obtain a No Objection Certificate (NOC) from the beneficiaries of the property. This can be a complicated process, but it’s essential to ensure that the transfer of ownership goes smoothly. In this guide, we’ll walk you through the steps you need to take to obtain an NOC from beneficiaries for a property transfer in India.

Need for NOC from Beneficiaries

When a property owner passes away, their property becomes a part of their estate. The beneficiaries of the property then inherit the property, and they have a say in what happens to it. If you want to transfer ownership of the property, you’ll need to get an NOC from the beneficiaries. This NOC confirms that the beneficiaries have no objection to the transfer of ownership.

Procedure for Obtaining NOC from Beneficiaries

To obtain an NOC from the beneficiaries of a property, you’ll need to follow a specific procedure. First, you’ll need to identify the beneficiaries of the property. This typically involves consulting with a lawyer who can help you with the legal paperwork. Once you’ve identified the beneficiaries, you’ll need to approach them and request the NOC. You may need to provide them with additional documentation or information to help them make an informed decision. Once they’ve provided you with the NOC, you’ll need to submit it along with other required documents to the registrar for the transfer of ownership

NOC for Transfer of Immovable Property

If you are looking to transfer ownership of an immovable property in India, you will need to obtain a No Objection Certificate (NOC) for property transfer. An NOC is a legal document that certifies that the transfer of ownership is done with the consent of all parties involved and that there are no objections or claims on the property. This blog will guide you through the process of obtaining an NOC for the transfer of immovable property in India.

Procedure for Obtaining NOC for Transfer of Immovable Property

The process for obtaining an NOC for the transfer of immovable property is similar to that of obtaining an NOC from legal heirs or beneficiaries. The following are the steps involved:

1. Submit an application for the NOC to the concerned authority, such as the sub-registrar or the revenue department.
2. Pay the prescribed fee for the NOC.
3. Provide details about the property, including its location, survey number, and other relevant information.
4. If the property is owned jointly, obtain NOCs from all the co-owners.
5. If the property is inherited, obtain NOCs from all the legal heirs.
6. If the property is mortgaged, obtain an NOC from the mortgagee.
7. If there are any pending legal disputes related to the property, resolve them before applying for the NOC.
8. Once all the required NOCs are obtained, submit them along with the application to the concerned authority.

After the verification of documents, the concerned authority will issue the NOC.

Documents Required for Obtaining NOC for Transfer of Immovable Property

The following documents are required for obtaining an NOC for the transfer of immovable property:

• A copy of the property documents, such as sale deed, gift deed, or partition deed.
• Identity proof and address proof of the applicant.
• NOCs from co-owners, legal heirs, mortgagees, and any other concerned parties.
• Details of any pending legal disputes related to the property.
• Payment of the prescribed fee for the NOC.

NOC for Property Transfer Format

While applying for an NOC for property transfer, it is important to use the correct no objection certificate format for transfer of property for the document. In this section, we will guide you through the correct The format for a no objection certificate for property transfer in India.

Format of NOC for Property Transfer

The format for an NOC for property transfer is as follows:

—–

To Whomsoever It May Concern,

I, [Name of the owner/transferor], hereby certify that I am the sole owner of the immovable property [Address of the property] and have the full right and authority to transfer the property.

I further declare that I have entered into an agreement to transfer the property to [Name of the transferee]. I confirm that I have no objection to the transfer of the property and that the transaction is being done with the free consent of all parties involved.

I undertake to indemnify and keep indemnified the transferee against all claims, demands, or objections that may arise in the future in connection with the transfer of the property.

This NOC is being issued on [Date of issuance].

Sincerely,

[Name of the owner/transferor]

——-

Section 21 of the Registration Act of 1908

Section 21 of the Registration Act of 1908 mandates that every transfer of immovable property should be registered. The transfer of property includes the sale, mortgage, lease, gift, exchange or any other type of transfer of immovable property. It is important to register the transfer to ensure that the ownership of the property is legally transferred from the seller to the buyer. The registration of the transfer also helps in determining the market value of the property and in resolving disputes.

To register the transfer of immovable property, the following documents are required:

• Sale deed
• Proof of payment of stamp duty
• Proof of payment of registration fees
• PAN card and Aadhaar card of both the parties
• Passport size photographs of both the parties

At NoBroker legal services, we can help you in drafting the sale deed and registering the transfer of immovable property.

Society NOC Format for Property Tax Name Change

A NOC certificate for plot is a document issued by the society to authorize the transfer of the property tax name from the existing owner to the new owner. The society NOC format for property tax name change includes the details of the society, details of the property, details of the existing owner, details of the new owner, and the authorization of the transfer of property tax name.

To obtain the society NOC for property tax name change, the following documents are required:

• Application for NOC
• Sale deed
• PAN card and Aadhaar card of both the parties
• Passport size photographs of both the parties
• Proof of payment of transfer fees
• NOC from the builder or developer (if applicable)

At NoBroker legal services, we can help you in drafting the application for NOC and obtaining the society NOC for property tax name change.

Society NOC Letter Format for Selling Flat

A NOC for immovable property is a document issued by the society to authorize the transfer of ownership from the existing owner to the new owner. The society NOC letter format for selling flat includes the details of the society, details of the property, details of the existing owner, details of the new owner, and the authorization of the transfer of ownership.

To obtain the society NOC for selling flat, the following documents are required:

• Application for NOC
• Sale deed
• PAN card and Aadhaar card of both the parties
• Passport size photographs of both the parties
• Proof of payment of transfer fees
• NOC from the builder or developer (if applicable)

At NoBroker legal services, we can help you in drafting the application for NOC and obtaining the society NOC for selling flat.

Tips for Drafting NOC

A NOC document is a legal document that authorizes the transfer of ownership of immovable property from the existing owner to the new owner. The NOC document should be drafted carefully to ensure that all the necessary details are included and that there are no errors.

The following tips can help in drafting a NOC document:

• Include the details of the society, property, existing owner, and new owner
• Clearly state the purpose of the NOC
• Include the authorization for the transfer of ownership
• Ensure that the document is signed by the authorized signatory of the society

At NoBroker legal services, we can help you in drafting the NOC document and ensuring that all the necessary details are included.

No Objection Certificate Under RERA

RERA (Real Estate Regulation and Development Act) is a law passed by the Indian Parliament to regulate the real estate sector and protect the interests of homebuyers. Under RERA, developers are required to obtain a no objection certificate (NOC) before transferring or assigning their rights and liabilities in a real estate project.

The NOC under RERA is a document that ensures that the transfer or assignment of rights and liabilities in a real estate project is done in a fair and transparent manner. The NOC also helps in protecting the interests of homebuyers and ensuring that the project is completed on time.

To obtain the NOC under RERA, the following documents are required:

• Application for NOC
• Copy of the agreement between the developer and the buyer
• Copy of the project registration certificate
• Copy of the completion certificate
• Copy of the commencement certificate
• Proof of payment of transfer fees

At NoBroker legal services, we can help you in drafting the application for NOC and obtaining the NOC under RERA.

Steps To Obtain Society NOC For Property Tax Name Change

Steps To Obtain Society NOC For Selling Flat

Steps	Description
1	Draft an application for NOC
2	Gather required documents such as sale deed, PAN card and Aadhaar card of both parties, passport size photographs, proof of payment of transfer fees, and NOC from the builder or developer (if applicable)
3	Submit the application along with the required documents to the society
4	Wait for the society to verify the documents
5	Upon verification, the society will issue the NOC for selling flat

Steps To Obtain Society NOC For Selling Flat

Obtaining NOC certificates for property transfers is a crucial aspect of real estate transactions in India. The society NOC formats for property tax name change and selling flat should be drafted carefully to ensure that all the necessary details are included. At NoBroker legal services, we can assist you in drafting the NOC documents and obtaining the necessary certificates.

Unlocking the right path: How to easily obtain a NOC for Property Transfer in India

In conclusion, obtaining a no objection certificate for property transfer is an essential step in the process of transferring property ownership. From understanding the procedure to gathering the necessary documents, it is crucial to follow the guidelines and regulations set by the authorities. Remember to keep in mind the key points we discussed in this article while applying for an NOC to ensure a smooth and hassle-free experience.

At NoBroker, we understand that buying, selling or renting a property can be a complex and time-consuming process. That’s why we offer a range of real estate services to simplify and streamline the process for you. Our team of experts can help you with everything from property search and verification to legal advice and documentation. With NoBroker, you can rest assured that you’re in good hands. So why wait? Visit our website to learn more about our services and start your journey towards hassle-free real estate transactions today! Click on the link here to explore NoBroker’s real estate services. 

FAQ’s

Possession Date in Real Estate[A Swift Transition]

What is the Possession Date?

In the world of real estate, the possession date refers to the date on which you will officially take possession and ownership of the property. It is typically specified in the purchase contract and agreed upon by both the buyer and the seller. It marks the end of the home-buying process, and you will officially become the master of your castle.

How Does the Possession Date Affect the Property’s Legal Ownership?

The possession date in real estate is the pivotal moment when your investment becomes a tangible reality and sets the stage for a profitable future. On this day, the legal title to the property is transferred from the seller to you as the buyer (i.e., the seller no longer has any rights or claims to the property). 

It is crucial to ensure that all necessary legal and financial transactions have been completed before the possession date to avoid any issues with the legal ownership of the property. This includes paying the full purchase price, receiving the keys to the property, and completing any necessary paperwork for the transfer of ownership.

If the possession date passes and there are still outstanding issues with the legal ownership of the property, it can lead to delays, complications, and legal disputes. So, it’s vital to keep track of the possession date and ensure that all necessary steps are taken to transfer the legal ownership of the property to you as the buyer.

Factors Influencing the Possession Date

As you embark on your journey of purchasing a property, it is imperative to understand that the possession date is influenced by several factors. These factors range from the construction status of the property to the legal and regulatory approvals required to the financial stability of the developer. By understanding these factors, you can better anticipate and plan for the possession date and make informed decisions throughout the buying process.

• One key factor that can impact the possession date is the construction status of the property. If the property is still under construction, the possession date will likely be delayed until the construction is completed. 
• Additionally, legal and regulatory approvals can also play a role in determining the possession date. These approvals, such as occupancy certificates and building permits, must be obtained before the property can be officially handed over to the buyer.
• Another important factor to consider is the financial stability of the developer. If the developer is facing financial difficulties, this can delay the possession date, as they may not have the resources to complete the construction on time.
• Market fluctuations also play a significant role in determining the possession date. Economic downturns can lead to delays in possession as developers struggle to secure funding. 

Possession Date in RERA: Regulations and Guidelines for builders and buyers

As an investor, you need to have an understanding of the RERA (Real Estate Regulation and Development Act) and its impact on your possession date. RERA was established in 2016 to regulate and promote uniformity in the real estate sector and protect the rights of homebuyers.

You, as a property buyer, are protected against delays in possession by RERA laws through complaint procedures and penalties for developers:

• Non-registration of a project by builders may result in severe consequences, including imprisonment for up to three years and fines equivalent to 10% of the project’s value.
• Any structural defects found in the building may lead to jail time for the buyer, and the company will be held responsible for rectifying the issues without any additional cost to you. 
• You, as a buyer, can now seek a 10% interest-based fine from the company for delays in completion, instead of the previous penalty of INR 5 per sq. ft. 
• You will now be provided with a legally binding affidavit from the developer outlining the completion and handover time, as well as a possession date specified in the sale agreement.
• The agreement will also state the interest rate the developer will pay you in case of delays. For new projects, the delivery date is left up to the developer, so it is important for you to carefully analyse the time frame and make an informed decision. 
• The developer must also provide written proof that the land acquired for the project is free from encumbrances and disputes.
• Additionally, over 70% of funds collected from buyers must be deposited in a separate account for project completion, to be audited by a Chartered Accountant every six months.
• Failure to comply with these rules can result in penalties, including cancellation of the builder’s licence and registration, imprisonment, and fines up to 10% of the project cost.

Legal Framework for Buyers Who Make a Delay in the Possession Date

RERA has brought transparency and accountability to the real estate sector, and it has been instrumental in ensuring that the developers adhere to the possession date agreed upon in the sale agreement. As a result, the possession date has become a critical aspect of RERA, and it is essential for you to ensure that you receive possession of the property within the agreed-upon timeframe.

• To prevent issues, it is recommended that you use a legally verified purchase contract and verify compliance with RERA regulations before finalising the agreement. In case you are unhappy with a RERA decision, you have a 60-day window to appeal to the appellate tribunal or the relevant higher court.
• You can protect your rights as a property buyer from delayed possession by utilising the complaint procedures and penalties provided by RERA laws. Take legal action and send a notice to the developer if there are delays in possession. Under the RERA Act, 2016, a developer may be required to pay a 10% interest on the value of the property for delays in handing over possession of the flat.
• The Consumer Protection Act allows buyers to file complaints against builders for ‘deficiency in service’, with varying compensation limits and court fees depending on the forum. The act also enables buyers to receive compensation for delay in possession, mental harassment, and litigation costs. The process may take 1-2 years and court fees range from INR 2000- INR 200,000 depending on the forum.

Possession Date in Home Loans: How Does it Affect the Loan Process?

As a home buyer, the possession date is a crucial juncture in the process of acquiring a property through a home loan. This is a paramount consideration for lenders as it ensures that the property being financed is legally owned by you, the borrower, thus reducing the risk of any legal disputes regarding ownership. 

Consequently, many lending institutions necessitate that the possession date has transpired before disbursing the loan amount to the borrower, making it a vital aspect of the home loan process.

How is Possession Date Inter-Related to Home Loan Eligibility?

As a home loan seeker, you need to keep in mind that the possession date plays a crucial role in determining your eligibility for a loan. The possession date, being a crucial factor, is carefully evaluated by lenders to establish the terms of the loan. Lenders typically require that the possession date of the property is within a certain time frame, usually 2-3 years, before approving a loan. 

Additionally, they may also require proof of possession, such as a possession letter or an occupancy certificate, before disbursing the loan. It is to ensure that the property being financed is legally owned by the borrower and that they have the right to occupy it. 

The possession date also affects the interest rate and loan amount that the lender is willing to provide. In case of delayed possession, lenders may charge a higher interest rate or reduce the loan amount. 

Tips for Home Loan Seekers on How to Navigate Possession Date

Keep yourself informed about the possession date of the property you wish to purchase and plan accordingly. Here are some tips to navigate through your possession date to be on the safer side:

1. Ensure that the possession date of the property is within the time frame required by the lender, usually within 2-3 years.
2. Obtain proof of possession, such as a possession letter or an occupancy certificate, as required by the lender.
3. Be aware that the possession date also affects the interest rate and the loan amount offered by the lender. In case of delayed possession, lenders may charge a higher interest rate or reduce the loan amount.
4. If you are facing a delay in possession, consider negotiating with the builder or developer for a better deal.

How to Negotiate the Possession Date with the Builder?

You need to negotiate the possession date with the builder before signing any agreement. Here are a few steps you can take to effectively negotiate this aspect of the purchase:

1. Research the builder’s past projects and their completion dates. This will give you an idea of their track record and the likelihood of delays.

2. Review the agreement carefully and ensure that the possession date is clearly mentioned. If it is not specified, ask the builder to provide a realistic date.
3. Understand the terms and conditions regarding possession date and penalties for delays.
4. Negotiate a possession date that works for you and is achievable for the builder, while also considering any potential delays.
5. Seek legal advice if you have any doubts or concerns about the agreement.

How Can NoBroker Help?

As a homebuyer, you may have experienced the frustration of finding the perfect property only to discover that the possession date doesn’t align with your timeline. With NoBroker, you can easily search for properties that meet your specific possession date requirements.

When it comes to housing legal issues and paperwork, you need to be extremely careful, even the slightest mistake could mean a huge loss. The best way to avoid such mistakes is to get a team of professionals to assist you. At NoBroker, our experts will guide you and ensure you. Explore NoBroker’s Legal Services by clicking the link below. If you have any inquiries, feel free to leave a comment and our team will assist you.

FAQ’s

Everything You Need to Know about Certificate of Commencement

If you are thinking of developing land, you must have wondered what the exact commencement certificate means is. It is a document that attests to the legitimacy of a real estate project. It is issued by the local municipal authorities, allowing the developer to start the project. The authorities will only provide the commencement certificate if the developers have complied with all legal requirements. Additionally, they must get all the required approvals for the building’s design and layout. In this article, you will get all the information regarding commencement certificates, like how to check commencement certificates online. 

What is a Commencement Certificate for the building?

According to the RERA Act, a commencement certificate is granted. It permits the developer or builder to begin the construction process. A commencement certificate must be obtained for a project to be considered approved.

Before beginning construction on a new project or structure, a developer must get a commencement certificate. The local administration gives the certificate. A project proposal must be submitted by developers as well. The local authorities will conduct several preliminary inspections before granting a commencement certificate.

We hope you are now aware of what is commencement certificate. Both homeowners and developers need the Commencement Certificate. It ensures that property owners who understand the value of a commencement certificate won’t be taken advantage of by developers. Every homeowner should know that a developer must get a commencement certificate before beginning construction on a real estate project.

As a result, buyers or investors should be wary of the project if a developer lacks the commencement certificate. Investors and real estate buyers should both review the developer’s start certificate. The floor they intend to buy must be mentioned.

How to Obtain the Commencement Certificate from the Local Government

It’s easy to get the Commencement Certificate from the Local Government. Here’s how:

Step 1: This is for the builder or developer to submit the project plan and NOC (No Objection Certificate). Several government agencies, including those in charge of the fire, sanitization, water, and electricity, must provide you with their NOC.

Step 2: The process of obtaining a commencement certificate involves two steps. When construction reaches the plinth area, that is the first milestone, and when the superstructure is finished is the second.

Documents required for Commencement Certificate

The following documentation must accompany the occupancy application form:

• A form of application
• A replica of the authorised plans
• Pictures of the structures
• An expert structural engineer’s certificate attests to the structure’s stability is necessary.
• A statement from the landowner or developer stating that the tree planting conforms with rules.
• A licensed structural engineer issues a starting certificate.

What are the Process and Procedures for the Issuance of a Certificate of Commencement

Depending on the local authorities, different processes and plans are used to provide the certificate of commencement. 

1- The certificate of commencement application will be sent to the neighbourhood municipal authority with a 1:100 scale plan. This design displays the size of the planned structure as well as the proportions of the land. It also shows the building’s location on the property, the land schedules, and the relevant paperwork.

2- The local administration will send an acknowledgement receipt. The commencement certificate is granted after receipt of the application.

3- Next, the application and supporting materials will be examined. To determine if the proposed building conforms with applicable laws and regulations in the area.

4- The relevant authority may grant or refuse the commencement certificate upon the completion of the verification.

5- It will be necessary for the applicants to pay the required fees. If the neighbourhood authorities find that the submitted building design corresponds with neighbourhood laws and plot records, it must be paid.

6- The proper authorities will provide the commencement certificate if the fees have been paid.

Commencement Certificate for Building Format

According to the diploma format, you must provide the CIN and GLN of your company.

It also has to contain your company’s address and email, per the start certificate format.

Lastly, the director’s digital signature is necessary for line with the beginning certificate’s structure. If you’re in the state of Maharashtra, you can check the government-approved commencement certificate format by clicking here – https://maharera.mahaonline.gov.in/Upload/PDF/Circular%2032.pdf 

Difference between Certificate of Incorporation & Certificate of Commencement

A certificate of commencement of business is a record that details the share capital that the company’s subscribers agreed to pay at the time of the company’s establishment. The capacity to get a Certificate of Incorporation is independent of the availability of a Certificate of Incorporation. This is the basic difference between a certificate of incorporation and a certificate of commencement.

How to Check a Commencement Certificate Online?

• Visit the official website as per the state you’re living in.
• Depending on your demands, scroll down and choose between a partial and complete occupancy certificate.
• Use your credentials to log into your existing account. To get instructions on how to check a commencement certificate online, press login or enter.
• Choose “New Registration” to set up a new account. Choose one of the two registration options, then fill out the necessary information.
• Once you have signed up and are logged in, complete the application page by entering the necessary information.
• Please provide all the requested legal documentation.
• For your application to be submitted, pay the listed pre-approval fees.
• Once the money has been made, submit your application by clicking the button.
• The appropriate authorities will receive the application for processing.
• The authorities will check the information provided in the application.
• You will be advised of the next steps after the application has been reviewed and completed.
• You can now avail of the commencement certificate online.

Importance of Commencement Certificate

1- Every document or certification in the real estate sector is beneficial to both buyers and sellers. Before completing a purchase, it is vital to examine all papers. If you fail to do so, you may pay dearly in the long run.

2- In addition to the developer, homebuyers must also get a commencement certificate. A developer cannot begin construction until he receives the commencement certificate. Therefore, a real estate buyer should avoid projects for which the local government has not yet granted permission.

3- You might lose substantial money if you lack even a single legal document. Before concluding a deal, homebuyers should thus take care and double-check all property documents. If the developer fails to submit the starting certificate, the purchaser of the home faces the risk of becoming the owner of the illegal property. This affects the property’s legal title.

4- Additionally, it suggests that the purchaser of the land will be subject to government sanctions. Your diploma will always keep you out of trouble with the law.

5- If there is no commencement certificate, you may be acquiring an illegal construction or disputed property.

6- This certificate provides evidence that you are the legal owner of the property and that all applicable fees and taxes have been paid. You should request that the developer supply you with a certificate of completion. The local government authority should issue it.

7- You must immediately terminate the agreement if the developer refuses to provide the commencement certificate to you. 

Obtaining the commencement certificate is necessary for the real estate developer. Without this document, the builder is not permitted to start the construction of the property no matter how big or small the construction is. Starting construction without an authorised commencement certificate may lead to a hefty fine for the property developer. Understanding real estate laws can be tricky as they change from state to state in India. If you need expert help with your real estate search, taxation or anything else, NoBroker is here to help you! If interested, please comment below this article; our executive will be in touch with you soon. 

FAQs

Make your Buying Process Smoother with the help of a Non-Encumbrance Certificate

If you are in the real estate sector, then the term non-encumbrance certificate should not be unfamiliar. If you are looking to invest in property or wish to avail of a home loan, you will need to furnish your lending institution with this certificate. The non-encumbrance certificate lists all the legal and financial transactions associated with the property for the last 12 years. This is done to ensure that whatever property you are interested in does not have any financial liabilities. The non-EC certificate is a mandatory requirement before applying for home loans. Read on to know more about how this certificate works and why you need it.

What is a Non-Encumbrance Certificate?

To truly understand the concept of a non-encumbrance certificate, you need to know the meaning of encumbrance. In real estate, non encumbrance meaning refers to any charge levied on an asset in the form of security. To explain it further, suppose you have taken out a loan to buy a house. Until the time you do not repay the loan, the lender will levy some charges(interest) against the loan. This goes on for the duration of the loan. During this time, the property also remains mortgaged to the lender.

This certificate is necessary whenever you take an advance for a home loan to ensure that the property in question does not have financial and legal obligations. A non-encumbrance certificate lists all previous transactions associated with the property within a specified period.

Types of Non-EC Certificates Issued.

There are primarily two types of non-EC certificates issued against your property. 

#1 Form 15- This is issued if the property has some pending encumbrances from its earlier transactions for when the applicant is requesting the EC.

#2 Form 16 or Nil Encumbrance Certificate- This is issued when the property in question does not have any monetary or legal liabilities. There will be no charges placed on the property till the duration of the non-EC certificate, and the homeowner has a free title. One can quickly obtain a home loan for these properties in any part of the country.

Contents of a Non-EC Certificate

A Non-encumbrance certificate should have the following property details:

1. All details of the previous and current property owners
2. All-important property-related information (location, size of the property, age of the property etc.)
3. A detailed history of all previous transactions associated with the property
4. Mortgage details (if any)
5. Details of the property received as a gift
6. All further information about the release deed

Non-Encumbrance Certificate Fee

There are no standardized rates for non-EC certificates. It largely varies depending on the state the property is in. Also, they are calculated based on the size of the property and the duration for which the certificate is applicable. Additionally, applicants must pay application fees and service charges in certain states ranging from Rs 1 to Rs 200. 

Usually, non-EC certificates will hold all property transaction-related information of the last 12 years. However, if you wish to have it recorded on your EC certificate before this duration, you can apply for it at a specific charge. This charge again varies state-wide. For example, in Tamilnadu, for the first year, fees are RS 15 and then Rs 5 for every additional year. On the other hand, Telangana and Andhra Pradesh charge Rs 200 for information of the last 30 years which then goes up to Rs 500 for the additional years. 

Non-Encumbrance Certificate Importance

When you wish to take a loan, it is essential to ensure that the property does not have any monetary complications. For example, if a loan against the same property was sanctioned before or mortgaged to a lender, these have to be cleared, and the property should have a free title. Only then you can apply for a housing loan. This is a mandatory requirement, and the ownership and completion certificate must be presented to banks and financial institutions while applying for a loan. The lender will automatically ask for this certificate to ensure that you have a clear title to the property in question. 

If there are any existing monetary liabilities and a transaction is done without the non-EC certificate, then the buyer is responsible for handling the legal and financial obligations.

How to Apply

If you are wondering how to get non encumbrance certificate, you can get your handwritten physical copy of the non-encumbrance certificate from your local Tehsildar or sub-registrar’s office. There are also provisions for online non-EC Certificates in a few select states like Telangana, Andhra Pradesh, Orissa, Puducherry, Tamilnadu and Kerala. 

Steps to Get a Non-Encumbrance Certificate Online

Just follow these few steps to obtain the certificate online smoothly:

• Visit the official state government portal and click on the Government Forms section.
• Click on Stamps and Registration> Application form (Encumbrance Certificate)
• Now you can get a non encumbrance certificate downloaded by filling out form 22 with all the required details. Remember to directly affix a Rs 2 non-judicial stamp on it.
• Attach all the required documents along with the filled-up form.
• Now visit your nearest sub-registrar or Tehlsildar’s office and submit this application form. You will receive an acknowledgement slip.
• The sub-registrar’s office will conduct a thorough inspection and check for previous transactions and deeds.
• Once cleared, they are usually processed within 2-3 working days. You will receive the EC from the sub-registrar’s office within 30 days max.

Non-Encumbrance Certificate Format

Take a look at this non-encumbrance certificate sample pdf to have a clear understanding of the standard non-encumbrance certificate format.

Unlocking the mystery: Who issues Non Encumbrance Certificates?

As a property buyer, you want to make sure that the property you’re investing in is free from any financial or legal liabilities. This is where a Non-Encumbrance Certificate (NEC) comes into play. 

To put it simply, a NEC is a document that certifies that a property is free from any outstanding debts, mortgages, or legal disputes. It’s like a clean chit for the property that you’re planning to buy. This certificate is an essential document for any property transaction and is often required by banks for home loans. But who exactly issues this certificate of non encumbrance? Let’s dive in to find out!

Government bodies to the rescue

The issuing authority of a Non-Encumbrance Certificate varies from state to state in India. In most states, the Sub-Registrar’s office is responsible for issuing the NEC. The Sub-Registrar is a government official who is responsible for registering property transactions in a particular jurisdiction.

Your bank can help too

If you’re applying for a home loan, the bank that you’re taking the loan from can also issue a NEC on your behalf. Banks have a tie-up with the Sub-Registrar’s office, and they can obtain the certificate for you after conducting a thorough background check on the property. This process usually takes around 7-10 working days.

Note that, while obtaining a NEC, it’s crucial to keep the following in mind:

• Ensure that the NEC is obtained from a credible source like the Sub-Registrar’s office or a reputed bank.
• Check the validity of the NEC, as it’s only valid for a specific period.
• Keep in mind that the NEC is only a reflection of the information available at the time of issue, and it may not reflect any subsequent changes.

Untying the knot of Non-Encumbrance Certificates with NoBroker

To sum it up, a Non-Encumbrance Certificate is a crucial document for any property transaction, and it certifies that the property is free from any financial or legal liabilities. The issuing authority of the NEC varies from state to state, with most states having the Sub-Registrar’s office as the responsible party. Banks can also issue the NEC on behalf of the property buyer. So, now that you know who issues a Non-Encumbrance Certificate, you can take the necessary steps to ensure a smooth and hassle-free property transaction. And don’t forget, NoBroker is here to help with all your real estate and home loan needs!

FAQs

The Doctrine of Adverse Possession Explained

In India, owning a property is not an easy task. After saving up enough to buy a decent property, owners are always under a constant threat of losing their property through some scam or dispute. Did you know? If a property is occupied by someone for more than 12 years, they will be favoured towards it in the court of law, not the owner. This is known as the adverse possession law. Find out how adverse possession of land works in India and how to file an adverse possession claim.

What is Adverse Possession in India?

As mentioned earlier, Adverse Possession in Land Law is a legal principle that was introduced to the Indian real estate markets and legal systems by the British Rulers.

Adverse Possession Meaning: Adverse Possession means acquiring a property through unsolicited means. However, it’s an accepted method and common in India. According to the law of adverse possession, if a person continues to be in possession of a property for 12 years, they are granted the ownership rights to the property. In simple terms, if a tenant continues to occupy a unit for 12 years without any interruption from the owner, they get owner status for the property. The law was brought in to improve land usage but for the years, adverse possession has given way to advance possession, a form of hostile possession, where the rightful owner is denied any claim to their property. Property owners need to be aware of these adverse possession laws to avoid any hassle or dispute. 

Adverse Possession Law

The law of Adverse Possession in India is governed by the principle of The Limitation Law of 1963. As per adverse possession under limitation act, if over a due course of time or period, if an appeal is not made to revise any limitation, the current scenario of titles continues. In terms of adverse possession, the period is defined to be 12 years. According to the Indian legal system, if a property owner fails to make a claim towards their property for 12 years, and the same tenant continues to occupy the property for 12 years, the ownership rights to the property is transferred to the tenant. These are the basic rules of adverse possession limitation act in India. 

Essentials to Prove Adverse Possession

If one intends to establish adverse possession in the Limitation Act of 1963, the burden of proof will rest on them. To successfully establish adverse possession, the following elements must be proven in court:

1. Date of possession: The date on which adverse possession in India of the property began must be established. This date is critical as it determines the 12-year statutory period required for adverse possession.
2. Knowledge of owner and neighbours: It is necessary to demonstrate that the true owner had knowledge of the possession and the date when they became aware of it. Additionally, it is essential to establish that immediate neighbours were aware of the possession and the date when they became aware of it.
3. Peaceful possession: The possession must have been peaceful and not obtained by coercion. The possession must have been in opposition to the true owner’s expectations.
4. Lack of action by the owner: It must be proven that the true owner did not take any action against the possession despite having knowledge of it. It must be proven beyond reasonable doubt that the owner was aware of the possession.
5. Exceptions: It is also necessary to demonstrate that none of the exceptions to the rule of adverse possession are applicable in the case.
6. Continuous possession: It must be established that the possession of the property was continuous without any interruptions by the owner or any other person.

When Can Adverse Possession Not Be Claimed?

Adverse possession may not be claimed in certain circumstances, as exceptions exist in the doctrine of adverse possession.

1. The possessor cannot claim adverse possession if they had no ulterior motive or animus possidendi to exclusively possess the property, or if there is a fiduciary relationship between the landlord and tenant.
2. If the tenant was permitted by the landlord to possess the property, it will not be considered adverse possession. However, if the landlord terminates the permissive possession and the tenant does not vacate the property, they may be liable for wrongful possession and may need to pay compensation.
3. Adverse possession cannot be claimed if there is no valid claimant for the property, i.e., if nobody is claiming ownership of the property. In such a case, the right over the property cannot be acquired through adverse possession.

Documents Required to Prove Adverse Possession in India

To prove adverse possession in India, the following documents are typically required:

1. Property deed or title: The deed or title of the property, along with the survey number and details of the location, is essential to establish the ownership of the property.
2. Tax receipts: The property tax receipts for the duration of the adverse possession, which proves that the possessor has been paying taxes and has been in possession of the property.
3. Utility bills: The utility bills like electricity, water, and gas bills for the duration of possession can help establish the exclusive possession of the property.
4. Affidavits from witnesses: Affidavits from neighbours and witnesses who have seen the possessor in exclusive possession of the property for the statutory period can be used to prove adverse possession.
5. Other relevant documents: Any other documents that establish the continuous, exclusive, and peaceful possession of the property by the possessor can be used as evidence to prove adverse possession.

Exceptions to the doctrine of adverse possession

1. If the owner is a minor.
2. If the owner is mentally unwell.
3. If the owner serves in the armed forces.

Property disputes continue to rise in the country and owners should be very careful to avoid such circumstances. Being aware of these laws will help the owner learn how to prove adverse possession in a court of law and how to prove possession of land.

Steps to Save your property from adverse possession: How to Prove Adverse Possession in India?

Although it’s considered to be an illegal act, the Indian legal system continues to reward the principles of adverse possession based on the sole fact that the property was neglected by the owner for 12 years. This could be due to the sheer lack of knowledge on the owner’s part and there are instances where the judiciary has sided with the owner. However, the trial went on for years and the hassle faced by the original owner could have been avoided. 

The honourable Supreme Court on Adverse Possession in 2019 stated “By perfection of title on extinguishment of the owner’s title, a person cannot be remediless. In case he has been dispossessed by the owner after having lost the right by adverse possession, he can be evicted by the plaintiff by taking the plea of adverse possession. Similarly, any other person who might have dispossessed the plaintiff having perfected title by way of adverse possession can also be evicted until and unless such other person has perfected title against such a plaintiff by adverse possession. Similarly, under other Articles also in case of infringement of any of his rights, a plaintiff who has perfected the title by adverse possession, can sue and maintain a suit.’

For proving Adverse Possession, these terms need to be explored: 

Continuity in adverse possession: If a property is taken through adverse possession, the possession should be uninterrupted for the specified period of 12 years.

Actual possession: The possessor must occupy the property completely through actual possession. Actual possession includes fencing the property, construction of the house, grazing cattle, erection of shed in the land

Exclusive possession: The occupier should prove sole ownership for 12 years towards the property. 

Open possession: The possession can’t be forced or without informing the owner or through their license. 

The possessor must prove the following in front of the court: 

• The date of possession.
• The possession was known to the public.
• The nature of the possession.
• The continuity of the possession.
• The duration of the possession.

These are the important requirement to prove adverse possession 

Can Tenant Claim Adverse Possession?

Tenancy through lease or rental agreement is generally not considered under the adverse possession law in India. However, under certain circumstances, if the lease has expired or if the owner has defaulted on particulars mentioned in the agreement, the tenants have taken leverage of the situation to file for ownership through adverse possession. The set timeline for the owner to take action is for 12 years. As soon as there is a breach in the contract, the owner should look for vacating the tenants to avoid adverse possession. If after the termination of the agreement, the tenant has paid rent to the owner in any form, they can’t apply for ownership through adverse possession. 

Difference Between Adverse Possession and Homesteading

Point of Difference	Adverse Possession	Homesteading
Ownership of Property	The property is owned by someone else, and possession is obtained unlawfully by the possessor.	The property has no legal owner, and ownership is obtained by being the first person to claim and use the land.
Transfer of Ownership	Ownership is transferred to the possessor after 12 years of continuous possession, provided that the true owner did not take any action to reclaim the property.	Ownership is obtained by the first person who claims and uses the land, regardless of the duration of possession.
Neglect of Original Owner	Ownership is transferred due to the neglect of the original owner to take action against the possessor.	There is no original owner to neglect or take action against the possessor.
Purpose	Formalises the legal concept of squatter’s rights.	Formalises the traditional Homestead Principle, which allows individuals to acquire ownership of resources found in nature by using or possessing them.

Adverse Possession Examples

Most of the rules and regulations of Adverse Possession are formulated through landmark cases. Let’s take a look at a few of these landmark cases and how they have shaped the current guidelines about adverse possession:

1. Amarendra Pratap Singh v Tej Bahadur Prajapati

“A person, though having no right to enter into possession of the property of someone else, does so and continues in possession setting up title in himself and adversely to the title of the owner, commences prescribing title into himself and such prescription having continued for 12 years, he acquires title not on his own but on account of the default or inaction on part of the real owner, which stretched over 12 years results into extinguishing of the latter’s title.” 

This important guideline was derived from this historic case. 

1. SM Karim v Mst. Bibi

This landmark case established that adverse possession must be continuous, without force and a plea need to be filed informing the period of the adverse takeover. 

1. Karnataka Wakf Board v Government of India

It was established that the possessor needs to establish possession of 12 years without the motive of illegal occupancy but due to neglect by the property owner. 

1. Dagadabai v Abbas Gulab Rustum Pinjari 

In this landmark case, it was established that the possessor must admit ownership of the suit after informing the owner.

1. Mallikarjunaiah v Nanjaiah

The court stated, “Mere continuous possession, howsoever long it may have been qua its true owner is not enough to sustain the plea of adverse possession unless it is further proved that such possession was open, hostile, exclusive and with the assertion of ownership right over the property to the knowledge of its true owner.”

It is very evident that the laws are in a state of judicial flux and need a revival code rather sooner than later. The rising number of property frauds and disputes can be avoided if the system is revised according to a uniform code. The laws and guidelines related to adverse possession have changed constantly and the verdict depends on the judicial bench. It’s advisable to avoid these circumstances. Contact the legal experts at NoBroker and get a detailed legal inspection of your property and documents. Click here to select a legal expert. 

FAQ’s

Encumbrance Certificate Karnataka – Online and Offline Application Process

Encumbrance Certificate Karnataka serves as a crucial document for confirming ownership and legal status of properties in the state. This certificate ensures a property is free from legal encumbrances like debts or mortgages, providing clear evidence of ownership. 

Easily accessible, the process of obtaining an Encumbrance Certificate in Karnataka is straightforward, especially with the introduction of the KAVERI online services by the state government in November 2018. Through this online platform, users can effortlessly submit their property details and apply encumbrance certificate online Karnataka. 

The system evaluates the property’s market value and guides applicants through the payment of necessary fees and scheduling appointments with the Sub-Registrar to finalise the documentation process.

Importance of Encumbrance Certificate Karnataka

Now that you have a good introduction to what is an EC Karnataka, below is a list of why it is important to obtain the encumbrance certificate.

• An encumbrance certificate is a necessary document while purchasing land or property in India since it serves as proof of ownership. As a result, an EC is required when transferring property.
• Apart from property purchases, the encumbrance certificate of Karnataka must be submitted while asking for a loan against the property with any banks or financial institutions, since it certifies that the property is free of legal liabilities.
• Property mutation (Khata Registration / Khata Transfer / Patta) requires the use of an EC.
• If the property or land tax has not been paid for more than three years, this certificate requires that the land tax records be updated.
• The encumbrance certificate is a required document when purchasing a home or building a new construction project.

Application Process for Obtaining an EC Certificate Karnataka

There are two ways in which an encumbrance certificate can be obtained. You can get EC Karnataka offline or you can download the encumbrance certificate online. Both online and offline processes have been made clear and easy by the Karnataka registration department.

How to Get EC Karnataka Offline?

This section deals with how to download the encumbrance certificate Karnataka application form in pdf. Below are the quick easy steps which guide you through the process of the encumbrance certificate application form:

Step 1 – Address the application in form 22 to the sub-registrar’s office, under the jurisdiction where the property registration takes place.

Step 2 – Fill out the form with the information below and attach the required papers.

• The names of two persons named in the registered deed (for example, the seller and buyer in a sale deed, or the gifter and giftee in a gift deed) should be put as executant and claimant, respectively.
• The property’s specifics, including the accurate village name and a description, should be provided.
• The property description is identical to the property’s complete schedule*, which may be found in the deed copies.
• The time period for which the EC must be extracted must be specified in the application.

Step 3 – Pay the appropriate encumbrance certificate fee Karnataka for the requested period of encumbrance. Even if the EC is only for a month, the applicant is required to pay a one-year price.

Step 4 – When the encumbrance certificate Karnataka is issued, the applicant will be given an application number. (Note down the number for future references).

Note: The encumbrance year begins on April 1st of a calendar year and ends on March 31st of the next calendar year. The EC will be addressed in Kannada, the regional language. 

How To Get Encumbrance Certificate Online in Karnataka?

If you have access to the internet, then viewing EC (Karnataka) online is an easy task. Bhoomi EC online (Karnataka) has made it easy for the Kannadigas to have a safe passage of property transfer. Read the steps below to learn how to download an encumbrance certificate online in Karnataka.

Register

Step 1 – To apply for EC online (Karnataka), go to KAVERI’s official website and click on “Register as New User.”

Step 2 – The user registration screen displays; fill in the relevant information. Click Register after filling out the captcha.

Login

Step 3 – After entering your login id and password, click Login to be redirected to the online portal.

Step 4 – Fill up the relevant information and look for the Register of Documents Index. Take a look at the index information on the screen.

Digital EC Karnataka

Step 5 – Online, get a digitally signed copy of the encumbrance certificate (make sure you view the encumbrance certificate online (Karnataka) for any mistakes in the document) and pay the appropriate fee using internet banking or credit/debit card. After you’ve made your payment, click Submit.

Step 6 – Send the request to the appropriate department now. The operator uploads the concerned authority’s digital signature and uploads it to the site.

Step 7 – Log in to the portal after getting notification of successful processing and receive the digitally signed copy of the Encumbrance Certificate Karnataka.

Print Certificate

Step 8 – Download the printed copy and use it as per requirement.

Note: The Encumbrance Certificate Karnataka takes 2-3 days to process.

Documents Required for Obtaining an Encumbrance Certificate Karnataka

• Application form
• Address proof (attested copy)
• A photocopy of any previously executed property deeds, such as sale deeds, gift deeds, partition deeds, release deeds, and so on.
• Information on the property and its title.
• It should bear the applicant’s signature, as well as the registered deed number, date, book number, volume/CD number, and book number.
• The EC is necessary for the following time.
• The reason for which the EC is being used.
• In the event of an application, the attorney holder makes a copy of the Power of Attorney.
• If you have an Aadhar card, you can use it to get a property card.

What is the Encumbrance Certificate Karnataka Form 15/Form 16?

The Encumbrance Certificate is issued by the Sub register Office in the form of Form No. 15 or Form No. 16, and below are the specifics of Form 25 and Form 16 that you received in response to your EC request.

Encumbrance certificate Karnataka Form 15: The EC on Form 15 contains information about leases, mortgages, sales, partitions, gifts, and other matters, and if a property is registered with these facts in the registration office, a Form No 15 will be issued, which is frequently requested by buyers or loan providers.

Encumbrance certificate Karnataka Form 16: This is a Nil document that has been issued by the sub-registrar office as if an Encumbrance Certificate on Form No 16 has been issued, and it indicates that the property has not been involved in any dispute or transaction since the EC was requested, where the EC on Form No 16 is also known as a Nil Encumbrance Certificate.

Fee For Obtaining Encumbrance Certificate Karnataka

Application Fee	Rs. 5
First Year	Rs. 30
Subsequent Years	Rs. 10

With the prevalence and increase in fraud, it is important to be careful with real estate documentation. An encumbrance certificate ensures the validity of a property and its rights. Encumbrance certificate Karnataka is easy to access and fairly simple to understand. Are you looking for legal advice? Our legal assistance team at NoBroker can resolve all your queries. Comment your issue down below, and we will get back to you shortly.

FAQ’s

Ensure The Smooth Transfer of Properties by Obtaining Your Tamil Nadu Varisu Certificate

With grief also comes great responsibilities. After the demise of a person, there is a certain amount of documentation that needs to be sorted.  For the transfer of property to the legal heir, you need to obtain your varisu certificate to prevent your family’s precious possessions from falling into the wrong hands. 

If you reside in Tamilnadu, you can obtain the varisu certificate form from your local Tehsildar or Taluk. You can apply and download your form online too. Let’s take a closer look at how this works.

What is Varisu Certificate

When the registered owner passes away, the legal heir certificate is required to determine the appropriate successor. In a lot of cases, several false claims over property arise. All these can be easily tackled with the help of the TN varisu certificate. Locally known as the varisu sandrithal, this helps identify the legal heirs. Legal heirs are essential for a variety of events, including:

1. Ascertaining ownership of the property during the purchase
2. Identification of legal heirs during the purchase of property
3. During sanctioning of family pensions
4.  Receiving PFs and Gratuity from the Government
5. Disbursing salary arrears for state or central government employees
6. For gaining employment on the grounds of compassion
7. Purchase of ancestral property where the consent of all legal heirs is essential. Not adhering to this may lead to litigation in the future.

Who can apply for the Varisu Certificate?

As mandated by the Indian Law, the following people will be considered as legal heirs who can claim the online varisu certificate:

• Wife/husband of the deceased
• Children (Son/daughter) of deceased
• Parents of the deceased

Difference between Legal Heir Certificate and Surviving Certificate

Legal heir certificate and surviving certificate are two different documents required for different purposes. While both may seem similar, they are not interchangeable. In this section, we will explore the differences between legal heir certificate and surviving certificate.

Surviving Certificate

A surviving certificate is a document issued by the government authorities that certifies the legal heirs of the deceased. This document is necessary to claim the dues and assets of the deceased from banks, insurance companies, and other financial institutions. The following are some of the key features of a surviving certificate:

• A surviving certificate can be obtained from the concerned revenue department or tahsildar’s office by submitting the required documents.
• The surviving certificate is issued to the legal heirs of the deceased person, including the spouse and children.
• The surviving certificate does not confer any legal right or ownership of property to the legal heirs.
• The surviving certificate is valid for a period of six months from the date of issue.

Legal Heir Certificate

A legal heir certificate is a document issued by the government authorities that establishes the relationship between the deceased and the legal heirs. This document is necessary to transfer the assets of the deceased to the legal heirs, including land and property. The following are some of the key features of a legal heir certificate:

• A legal heir certificate can be obtained from the concerned revenue department or tahsildar’s office by submitting the required documents.
• The legal heir certificate is issued to the legal heirs of the deceased person, including the spouse and children.
• The legal heir certificate confers the legal right and ownership of property to the legal heirs.
• The legal heir certificate is valid for a lifetime

What are the Documents Required for Varisu Certificates?

Here is a list of varisu certificate required documents

• A self-undertaking affidavit.
• ID proof of the applicant (Voter ID, Aadhar Card, driving licence, Passport, Govt-issued employee ID)
• Address Proof of legal heirs (Valid ID proofs, Telephone/mobile bills, gas bills, bank passbook with name and address mentioned)
• Proof of birth of all legal heirs (Birth certificate, school-leaving/transfer certificate, PAN, Passport)
• Certificate of Death of the deceased 
• Death certificate of the direct legal heir of deceased
• Address Proof of deceased

How to Apply for Varisu Legal Heir Certificate Offline

You can claim your legal heir certificate both online and offline. But, first, let’s take a look at how the offline procedure works. 

1. The legitimate heir will approach their respective area authorities (corporation, municipalities, tehsildar etc.) and apply for a legal heir certificate. You have to duly fill in the application form and submit it to the concerned authorities.
2. Attach all the required documents, including the death certificate and a self-declaration/affidavit.
3. Administrative officials will conduct a full inquiry and scrutinize your documents.
4. On successful completion of the inquiry, the officials will issue you the certificate.

 What is the Varisu Certificate in English and Tamil?

The TN Varisu certificate is also known as the legal heir certificate or the succession certificate in English. In Tamil, it is called varisu sandrithal.

Varisu certificate Apply Online Tamil Nadu

 Follow these steps to apply for the TN varisu certificate:

1. Visit the e-Sevai portal of the Tamil Nadu government. The site is fairly easy to follow.

2) You can log in using your credentials. However, if you are a new user, you will need to Register first. Then, click on the Signup button in the right-hand corner of the page. On clicking it, the signup window will open.

3) Here, fill in the required details. Lastly, enter your email address and password and complete verification with the Captcha code. Then click “Sign Up”.

4) You will receive an OTP on your mobile number. A pop-up window will appear asking you for the OTP. Enter the OTP. 

5. On successful verification, you can click on the Login button using your credentials. You can also log in using your mobile number. Then, click on the “SERVICE WISE” button on the left-hand side and choose REV-114 “Legal Heir Certificate”.

6. On clicking the option mentioned above, a pop-up window will appear revealing this page.  Scroll down and click on “Proceed” to apply for the varisu certificates.

7. Here, you have to provide all necessary information, including your CAN number. If you don’t have a CAN number yet, register to get one. If you already have a CAN number, add the CAN details and select “Search”.

8) Then, you can download the Application form online, fill it and submit it duly to the concerned authorities.

Varisu Certificate Status Online Tamilnadu: How to check the status of a Legal Heir Certificate?

Here’s a step-by- step guide on how to check varisu certificate status online –

1. Log in to the registered e-service portal of the Tamil Nadu Government. 
2. Then, click on Services on the left-hand side and click on Legal heir.
3. A pop-up window will appear, and you will be redirected to a new webpage.
4. There, you can click on the “Check Status” button to view the current legal heir certificate status tamilnadu..

Legal Heir Certificate Download Online

Once you have applied for the various certificates in Tamilnadu, you will have to wait for some time so that the authorities can verify all information provided by you before you can begin varisu certificate download. In the meantime, you can keep checking your application as well as your TN Varisu Certificate status. Once your application is accepted and the administration has issued your certificate, you can download your Legal heir Certificate. 

Significance of planning for a Varisu certificate

When a legal keeper of a property dies, a spouse, child, or parent may have to prove that they are the rightful heirs in order to obtain the assets or attributes of the person who died. False claims have been made about properties. So, getting a Varisu certificate is very important. After a thorough study of the eligible heir, the document is given out by the government (s). 

All family members who are still alive need a varisu certificate that says they are entitled to the property or rights of a family member who has died. Here on varisu certificate, which is also called a legal heir certificate, the names and relationships of the dead person’s legal heirs are listed. As a matter of fact, it makes it easier to choose a good replacement. In Tamil, the name for the Varisu Certificate is very often Varisu Sandrithal. The Varisu certificate has always been needed for more than just transferring the movable and immovable property and assets of the dead person. These things are:

• Claiming benefits from an insurance policy, a provident fund, or a gratuity
• Family pension slapped on
• Transferring the deceased’s property or buying a piece of land that was in the family
• Getting back pay (for state or central government workers)
• Getting a job for compassionate reasons
• Changes to savings or investments
• Changes to services

 Varisu Certificate Form

This is what a legal heir certificate in Tamil Nadu looks like.

The certificate contains a full declaration regarding confirmation of the legal heirs. It also mentions the arrears or amount to be paid to the legal heirs of the deceased employee. In addition, a small box saying the heirs and their relationship with the dead person is also on this certificate. Finally, the date and Signature of the Departmental Head/Office is present.

As you can see, the varisu certificate can help a lot during the sudden demise of the family’s guardian. With the help of the TN Varisu certificate, you can ensure mental and financial stability for your family. You can visit our blog page for more such legal knowledge.  If you face any issues with your documents or during any legal process, you can contact our NoBroker legal experts to assist you. So, what are you waiting for? Just click below.

 FAQ’s

Everything You Need to Know about Encumbrance Certificate AP

Everyone works hard to achieve professional success in life and gradually gets closer to achieving one of society’s most prominent goals i.e. owning a house. Regardless of age, caste, gender or religion, we all find ourselves in the turmoil of house-hunting as well as the financial and legal steps that follow. Funding the resources, contacting the broker, finding a suitable property under budget, signing the registration deed, and furnishing the space – are just some basic steps every homeowner goes through. But imagine waking up one day and finding that the property you have spent your money, effort, and time on is tied up in some legal implications or is promised to some other party instead. Sounds gut-wrenching, right? Such a situation will leave you stuck in legal turmoil while attacking you financially. To prevent any such instances, a person residing in Andhra Pradesh must request an Encumbrance Certificate AP. To know more about EC certificate AP, read more. 

What is an Encumbrance Certificate?

An Encumbrance Certificate is a statutory document necessary to show that the property being sold or purchased is not under any legal or financial complications. In other words, EC is the proof of the property’s single ownership. The term ‘encumbrance’ itself means hindrance or burden. It means that a property is ‘encumbered’ if it is already pledged to any third party or has pending debt. To ensure that the property is transactional, EC is an imperative official document. An Encumbrance Certificate for land in AP is required when you apply for any loan against the property. The Registration and Stamp Department issues the EC certificate in Andhra Pradesh. 

Encumbrance Certificates: Types

Essentially, there are two types of EC or Encumbrance Certificates, i.e., Form 15 and Form 16. This means that any EC on Form 15 will be issued from the sub-registrar’s office in case the property possesses any encumbrances during the time the certificate has been sought by the applicant. On the other hand, the nil-encumbrance certificate on Form 16 is issued by the sub-registrar’s office in case the property does not possess any registered encumbrances during the time the certificate has been sought by the applicant. 

Applying Online for an Encumbrance Certificate 

If you want to apply for the encumbrance certificate online, you can simply visit the official EC website of the Andhra government and follow the steps below:

• Select the option to apply for EC
• Enter the details required for the application and click on update/save
• Put in the period for which you want the EC and hit the ‘calculate fee’ button
• Pay the required application fee and you will be taken to the ‘acknowledgement’ window, where you can take the print of the same by hitting on ‘view acknowledgement’

Documents Needed to Get an Encumbrance Certificate

To get an encumbrance certificate, you need the following documents:

• Details of the property and the title deed
• Any past executed property sale deed, partition deed/ gift deed/ release deed 
• The deed number along with the book number, date, and the applicant’s signature
• The document of property registration
• The document of the applicant’s address proof

What is the AP Stamp Duty and Registration Charge?

States have different fees for stamps and registration. 

AP Registration Charges: The present stamp duty is assessed by the AP stamps and registration department at 5% of the property’s cost, while the AP registration fee is assessed at 1% of the property’s cost. 1.5% of the cost of the property is the transfer duty charged by the IGRS AP. This is assessed in accordance with the rules outlined in the AP Municipalities Act of 1965 and the AP Gram Panchayats Act of 1964.

According to AP Stamps and Registration, stamp duty is a tax that Indian governments impose on homebuyers in order to modify the property title and transfer ownership to the buyer. The additional fee customers must pay to the AP stamps and registration department in addition to the stamp duty is known as the “AP registration charge,” which is a type of documentation fee.

Instrument/ Document	AP Registration fee	Stamp duty	Charges
Sale deed	1%	5%	Rs 100 if value < Rs 50,000Res 200 if value > Rs 50,000
Gift deed	0.5% (minimum Rs 1,000 and maximum Rs 10,000)	2 % on IGRS market value AP	Rs 100 if value < Rs 50,000Rs 200 if value > Rs 50,000
Agreement of sale-cum-general power of attorney	Rs 2,000	5%	Rs 100 if value < Rs 50,000Rs 200 if value > Rs 50,000
Sale with possession	0.5%	5%	Rs 100 if value < Rs 50,000Rs 200 if value > Rs 50,000
Partition	Rs 1000	1%	Rs 100 if value < Rs 50,000Rs 200 if value > Rs 50,000
Settlement deed	0.5%	2%	Rs 100 if value < Rs 50,000Rs 200 if value > Rs 50,000
Mortgage with possession	0.10%	2%	Rs 100
Mortgage without possession	0.10%	0.50%	Rs 100

What is the AP Stamp Duty and Registration Charge on Wills?

Keep in mind that there is no stamp duty due to the AP Registration and Stamps Department for the will deed. A will deed, however, is subject to AP registration fees. A will’s AP registration in the testator’s lifetime costs Rs 100 plus any applicable user fees. The registration fee of Rs 100 must be paid in order to have the will registered in AP following the testator’s passing. Additionally, batta and processing fees at actuals will be collected along with the enquiry fees.

What are the Benefits of the Encumbrance Certificate in Andhra Pradesh?

An encumbrance certificate is an essential document that shows you records of transactions related to the property in question. Those records can usually go back as far as 12 or 15 years. As a homeowner, this is your surety that the property is debt-free or singly-owned. Some most common benefits of getting an Encumbrance Certificate in Andhra Pradesh are: 

• If you want to sell the property further, EC is a binding document that is needed to seal the transaction.
• Banks and other financial lenders ask for EC when giving a home loan.
• If you want to use your Provident Fund (PF) account to pay for the property, you must have possession of EC. 
•  If the property or land tax goes unpaid for three or more consecutive years, then an Encumbrance Certificate must be submitted to the Village/Panchayat Officer.  
• EC must be submitted for the mutation process of the property (Khata Registration / Khata Transfer / Patta). 

What is the Process of Searching EC Online in Andhra Pradesh?

The government of Andhra Pradesh started processing the registration of properties in 1999. However, the entries stored in the computer database date back to 1983. Due to this reason, you can search for an Encumbrance Certificate in Andhra Pradesh post 01-01-1983 only. If you require transaction details dating before 1983, you must reach out to the concerned SRO office. 

To apply for an online Encumbrance Certificate in AP, visit the state government’s Registration and Stamp Department official website – IGRS Andhra Pradesh. Steps for getting IGRS Encumbrance Certificate in AP are: 

Visit the official state portal of the Registration and Stamps Department of Andhra Pradesh for your copy of the online EC AP. Now, look for the services category on the top-right section of the webpage. To proceed, click on Encumbrance Search (EC). Next, you will be redirected to a new page.  

You will see the ‘encumbrance Statement’ on your screen. This document includes the details regarding the IGRS AP Encumbrance Certificate and a legal disclaimer. After reading the guidelines, click submit. 

You can search for the Encumbrance Certificate by using the document number, memo number or a none option.  

Search EC in Andhra Pradesh online using document number:

From the given search criteria’s drop-down menu, select the document number option and year of registration. Next, enter the registered SRO, verify the captcha code and click on the submit button.

You will then be able to see the details of that particular property. 

Search EC in Andhra Pradesh online using memo number:

From the given drop-down menu, select the memo number and the year of registration. Then enter the registered SRO, verify the captcha code and click on the submit button. 

Search EC in Andhra Pradesh online using none option:

If you select the none option, the site will redirect you to a new page. Here you will have to fill out the form. Enter the below-mentioned details:

• District
• Applicant Name
• Building details
• Site or agricultural land details
• Boundary details
• SRO

Enter the details, verify the captcha code and click on the submit button. You will be redirected to an EC statement where you will need to follow the mentioned guidelines. 

What is the Application Fee for Getting IGRS EC in Andhra Pradesh?

S.No	Service duration	Applicable Fee
1	Up to 30 years and less	Rs. 200
2	More than 30 years	Rs. 500

How to Get EC Issued Online in Ap?

Step 1 – Go to the IGRS AP website and look for the ‘New Initiatives’ column in the centre bottom part of the webpage. From the options displayed on the screen, select ‘online EC’.  

Step 2 – You will be forwarded to a ‘Citizen Registration’ form. If you are using the web portal for the first time and don’t have a login ID and password, register yourself by entering the details like Name, Password, Mobile No., Aadhar No., Email address, Residential address, User ID and Password. Verify the captcha code before proceeding. 

Step 3 – If you already have a login ID and password assigned, skip step-2 and proceed by entering your credentials on the ‘Public Online Services’ page. Enter the required details to get house EC online in Andhra Pradesh.

Step 4 – Select Encumbrance Certificate and enter the document number, year of registration and SRO code. Then, click on the submit button. 

Step 5 – You will then be able to see all the details of the property. Verify and click next. Now, you will be able to choose between the options of a signed or unsigned Encumbrance Certificate. 

Step 6 – Select ‘unsigned certificate’ option. You will then be redirected to a new page. 

Step 7 – On the left-hand side of the screen, you will see a ‘select all’ option. Click on that. 

Now, you can check all the property details and click on ‘print’ to download Encumbrance Certificate for Andhra Pradesh online.

Note – If you want a signed Encumbrance Certificate, skip steps 6 and 7. Instead, select the signed certificate option instead of unsigned. You will then receive an OTP on your registered mobile number. Enter the OTP and have the encumbrance certificate downloaded.  

How to Obtain a Certified Copy of the Andhra Pradesh Land Encumbrance Certificate Online?

Step 1 – Visit the IGRS AP web portal. 

Step 2 – Enter all the relevant details like the district name, SRO Location, Registered document number, year of registration. Then, verify the captcha code and click on the submit button to get a certified copy for Encumbrance Certificate AP.  

How to verify the Encumbrance Certificate from the Andhra Pradesh website?

1. Visit the online portal of the Andhra Pradesh government, the AP IGRS.
2. On the top-right corner, go to the ‘Services’ section and select the last option – ‘Verify EC.’
3. Enter your department transaction ID. Click on the submit button. 

How to Apply for an Encumbrance Certificate through Meeseva Franchise?

Step 1 – Visit the nearest MeeSeva franchise centre.

Step 2 – Submit a detailed application mentioning all the relevant details like document number, year of registration and SRO name. Also, note the mode of delivery of EC preferred. 

Step 3 – Pay the appropriate amount to the MeeSeva operator. 

Step 4 – Your request for EC will go through the AP Registration Department, and you will receive regular updates via SMS on the registered mobile number. 

Step 5 – As the concerned authority of the area, SRO will process your EC request. Finally, the Sub Registrar officer will approve your request for the EC after proper verification is completed.

Step 6 – Once the EC request is approved; you will receive an SMS stating the same.

Step 7 – If your mode of delivery is courier, the EC would be dispatched from the MeeSeva franchise to the mentioned address. On the other hand, if your mode of delivery was manual, you will have to pick it up yourself. 

Andhra Pradesh EC: IGRS Importance

The IGRS AP EC is a crucial piece of ownership documentation.

In order to obtain property credit, banks request the IGRS EC AP. The financial institution is reassured by the IGRS EC AP paperwork that the property or land is not being sold.

The Panchayat/Village officer must be handed IGRS EC AP in order to have the land charge records updated if, for whatever reason, the property fee has not been paid to the AP stamps and registration department for more than three years.

When taking back PF funds and developing real estate, IGRS EC is required.

What are some of the Most Common Details mentioned in EC?

1. Name of the applicant who has applied for the Encumbrance Certificate (online or offline).
2. The application form holds all the crucial property details.
3. Duration for which Encumbrance Certificate has been issued. 
4. Complete property details as per the Sale Deeds recorded in the Sub Registrar’s Office. 
5. Transaction details for the said property. 

Why should Andhra Pradesh Citizens know about the Encumbrance Certificate

While the encumbrance meaning is ‘burden’ or ‘liability’ on your finances, it is actually better to have this step done. You must check that the property has a clear title before purchasing it. Obtaining an Encumbrance Certification guarantees that the asset you seek to purchase is free of any legal or financial obligations. It is critical to correct any charges on the EC before proceeding with the purchase. It will also assist you in determining whether any current owners have legal claim to the land. Besides that, if you want to get a loan for buying a house, a land EC is one of the key documents you’ll have to submit to your lender or bank.

Especially in India, where provisions as per law can be a bit complicated to navigate and understand and it is best that this vital step of EC registration is done. In Andhra Pradesh, the laws of the state can also differ from others, and is, therefore, very important to safeguard your’s as well as your property’s interests. In present day, the process has also become simpler as online EC applications can be done from the comfort of your home.

Is an Encumbrance Certificate enough to Declare a Property Hassle-free?

Encumbrance Certificate AP is an official document that shows all the property and transaction details lodged in the Sub Registrar’s Office. However, it does not show any information that the property owner has not registered to the concerned authorities in the respective area. Therefore, it is advised that all buyers complete a thorough legal check and due diligence before purchasing the property. 

As a homeowner, you need to cross many financial and legal hurdles. Apart from arranging the budget for the down payment, setting up monthly EMI’s and finding the property that suits you best, you also have to ensure that you are not investing in the wrong place. If you end up purchasing a property for which a previous loan has not been cleared or is promised to any third party, you might end up as a victim of land fraud. Therefore, it is necessary to have all the essential official documents to prevent any court cases and waste all the effort and money. One such important document is the Encumbrance Certificate. Word ‘encumbrance’ itself means an impediment or burden. This means that the Encumbrance Certificate helps prove that the property is free from any financial or legal ties. In addition, an EC might help you see all the past transaction details for the said property. If you are also looking for a property in Andhra Pradesh and need guidance with official documents like Encumbrance Certificate AP, contact NoBroker professionals for step-by-step aid, all for a minimal cost. 

FAQ’s

Completion Certificate: The Assurance of Your Property’s Legal Status

A completion certificate (CC) is one of those essential documents that you should obtain from the developer while buying a home. You might feel like skipping a CC to keep the long documentation process short. But before you do so, remember that this document legalises the property and becomes essential for reselling or mortgage purposes. If you already do not know about the importance of a completion certificate, I shall be taking you through all the details about this essential legal document in this article. This article includes:

What Is a Completion Certificate?

A completion certificate, issued by the relevant authority, confirms that a building or complex complies with the approved plans and local development regulations, thereby legitimising the real estate project. This essential document is required by developers and owners for legal validation of their standalone structures.

The completion certificate of a building covers all the vital information related to the project, including the building materials, building height and building plan. The local authority issues this certificate only after inspecting the building project. Therefore, a CC showcases that a developer has not violated any rules and ensures the quality of the real estate property. Furthermore, this certificate is needed to obtain utility services like water and electricity.

A developer can also claim a provisional completion certificate after partial completion of the project if the builder wants to give possession of the building to the property holder. The provisional CC is valid for only six months. Once the six months are over, the developer must obtain a full completion certificate.    

How Is a Completion Certificate Different from an Occupancy Certificate?

The local civic body issues an occupancy certificate certifying that a building is constructed following the building construction norms and has all the basic amenities, including the NOC from the fire department. This certificate ensures that the property is fit for living. The owner must possess an occupation certificate before shifting to a new house.

On the other hand, a completion certificate certifies that the building is constructed by following the approved building layout and the standards set by the local authority, like building height and the distance from the road, among many other things. This certificate is compulsory to apply for basic amenities like electricity and water supply.

In simple words, getting a house completion certificate is the first certificate after completing a real estate construction. It only approves that the building has followed the building plan and the master plan of the city. At the same time, the occupancy certificate is the next step that certifies that the building is as per the living conditions. A developer can only get an occupation certificate after occupying the completion certificate.

What Is the Importance of a Completion Certificate for Developers?

A completion certificate is of sheer importance for the developers to legalise their construction. Without this certificate, the structure is not considered legal, which might invite difficulties later on. Here are some of the reasons behind the importance of a CC:

• It contains all the information of the construction, including the developer’s name, location and identification of the land, the building’s height, and quality of the building materials.
• It indicates that the construction follows an authorised construction plan and all the construction regulations, including the height of the building, its distance from the road and the distance from the neighbouring buildings.
• This certificate is mandatory to apply for electricity and water supply.
• The developer can only apply for an occupancy certificate after obtaining a completion certificate.

What Is a Provisional Completion Certificate?

As the name suggests, a provisional completion certificate is a temporary certificate. There are times when most of the building is partially complete, but the builder needs to offer the buyers occupancy of the same. In such cases, the builder can apply for a provisional CC. This provisional completion certificate is valid for only a limited period of six months, and the builder must complete the project within this period. Only then, the builder is eligible for the issuance of a full CC.

What Is the Importance of a Completion Certificate for Homebuyers?

It is often conceived that a completion certificate is only for the developers or the builders. The home buyers also tend to ignore the fact whether the builder has the CC or not. However, a completion certificate is essential for the buyers too.

• A completion certificate makes sure the buyer is not residing in an illegal property.
• A certificate of completion means is the first step for getting an occupation certificate. If someone is residing in a building without an occupancy certificate, it is illegal.
• Completion certificate for house ensures a regular supply of water and electricity.
• Claiming the benefits of the property tax is only possible after getting a completion certificate.
• A completion certificate is needed for residential buildings to convert water rates from non-domestic to domestic ones.
• Without a completion certificate, a buyer can face penalty and even eviction from the property by the authorities.
• It will be challenging to find a buyer without a completion certificate if anyone wants to sell the property in future.

However, authorities can allow one to reside in a building without a completion certificate if most of the construction work has been done and there is a possibility of completing the assignment shortly. This can happen in projects that are stuck for a long time for some reason or another. At the same time, if the developer does not provide the buyer with a completion certificate, the buyer can approach the local body on his own for a completion certificate.

Details Provided in the Completion Certificate

The details provided in a completion certificate include all the information related to the construction. They are:

• The name of the developer
• The information about the location
• The identification of the land
• The details about the approved building plan
• The height of the building
• The other information as per the local building standards like its distance from the road

How To Obtain a Project Completion Certificate?

A builder can apply for a project completion certificate after the completion of the building project. The builders require applying to the local civic body like the Municipal Corporation or local development authority. The authorities will issue the completion certificate only after inspecting the construction.

Documents required for a Completion certificate 

The documents required for applying for a completion certificate online vary from state to state. Every state has different sets of requirements. Here is a general list of the required documents:

• Duly filled application form
• Building completion certificate by an Engineer or a licensed Architect 
• The building plan approval letter (copy)
• Structural safety certificate or letter from concerned technical personnel
• Property tax receipts (copy)
• NOC from the fire department, if applicable
• NOC for lift installation, if applicable
• NOC for the sewage system
• NOC for the water supply plan
• Certificate for electric supply
• Affidavit for provisional completion certificate (if applying for a provisional completion certificate)
• Any other document or declaration, if applicable

How Long Does It Take to Get a Project Completion Certificate?

Once a developer successfully submits the application form, the local authorities will schedule an inspection. A team of officials from the local Municipal Corporation or local development authority will inspect the construction as per the schedule. Upon satisfaction that the building has followed all the rules and regulations, the issuance of the completion certificate will take about 3-4 weeks.

However, if the inspection team finds any major violation of rules, they might issue a letter with instructions for demolition. In cases of minor violations, the team charges a reasonable amount of penalty. A completion certificate will only be issued after fulfilling all the requirements mentioned above.

Who issues the completion certificate?

The local civic body, like the Municipal Corporation or local development authority, issues the certificate of construction completion. The certificate is only issued after a complete inspection of the real estate property to ensure if the developers maintained all the local bylaws.

Sample of building completion certificate format

Here is a sample of the building completion certificate format:

What If the Developer Does Not Have a CC? Should You Buy a property?

While buying a house from a developer, you should always ask for the completion certificate for residential buildings. A certificate for completion of construction makes the property legal in the eyes of the authorities. It also ensures the electric and water supply. Without a completion certificate, the builder cannot apply for and provide you with an occupation certificate. Moving into a property without an occupation certificate is illegal. You might face a penalty or eviction notice from the authorities. At the same time, you will also need a completion certificate to claim income tax benefits on the home loan. It will also be required while reselling your flat or house. Therefore, if a builder cannot provide you with a completion certificate, buying that property can be a risky investment.

How Can a Legal Expert Help?

Real estate developers or individual homeowners unfamiliar with legal paperwork may benefit greatly from professional guidance. Handling vital documents like a completion certificate requires skilled expertise to ensure proper drafting and processing. This certificate, crucial for legalising your property and guaranteeing basic amenities, plays a key role in the property’s future viability. 

Legal assistance not only simplifies the process but also protects your legal interests during the completion certificate’s acquisition. This certificate is essential for proving your property’s compliance with building norms and is a prerequisite for obtaining an occupancy certificate, confirming the property’s suitability for habitation.

If you need any legal advice regarding the documentation process or residential building completion certificate format, you can opt for the legal services of NoBroker. Our experienced legal experts are ready to guide you throughout the legal process of obtaining a completion certificate.  

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Villangam Certificate Explained – Here’s Why It’s Important to Get One

When you’re purchasing or selling a property, you need several documents. One of the most important documents required in dealing with property is a villangam certificate; this certificate is essential to establish that the property owned by a person is free of any financial liability, loan, or mortgage. It secures the ownership of the property. It is also known as an encumbrance certificate. The word encumbrance means a mortgage or any other claim on a property. It ensures that the property has a legal title.

Along with this, it contains the transactions made during a specific period regarding the property. If no transaction has been made, then a nil encumbrance certificate is issued for the property. You can apply for this certificate offline as well as online. The offline registration occurs in the sub-registrar office, while the online registration takes place on the official website of the registration and stamps department. You can easily access your villangam certificate by downloading it. 

What does a Villangam Certificate Mean?

One of the essential legal documents which prove that you legally own the property is the villangam certificate. It is often known as an encumbrance certificate, but in Tamil Nadu, it is popularly known as a villangam certificate. It is formed when a property is registered while purchasing or selling. This certificate states that the property is free of any loan or mortgage. It is compulsory to make this certificate for property transactions. Without this certificate, you are not eligible for any other loans. Along with this, it helps you to secure your legal title over the property.

How to Apply for a Villangam Certificate Online in Tamil Nadu?

A Villangam certificate is usually obtained at the sub-registrar office of the area under whose jurisdiction the property lies. But it is also available online on the official website of the registration department of the Tamil Nadu Government. 

A popular question that is asked is  “How to apply Villangam certificate online?” You can get your Villangam certificate online by following the given steps.

Step 1:

First, you need to log in to the registration department’s official website, If you don’t have an account, then you need to register yourself on the website first. 

While creating an account, you will have to provide details about your identification number. This can be your PAN or driving license, etc.

Step 2:

After login or registration, you have to go to the homepage and then choose the encumbrance certificate option. After this, click on the search and apply for the encumbrance certificate. 

Step 3:

Fill in the required details, which are location, survey details, time, house details, and additional information. 

In the location part, you will have to provide the zone, district, and sub-registrar office of the area where the property is located. 

In the time section, add the starting and ending date of the villangam certificate.

In survey details, you have to fill in the village name and the survey number, and the subdivision number. 

House details include the plot number, flat, door number, wardrobe number, boundary details, build-up area, and property extent. 

Additional details include old survey number, old door number, declared owner, and father’s name and any registered document that you may have. 

Step 4:

After providing all the required details, click on search. Then click on the apply online option to proceed. 

Step 5:

Fill in your name and contact details, and then click on the payment option. Fill in the payment details and click on the payment option. Fill in the e- payment details and choose your bank to make the payment. 

Step 6:

After completing the payment process, provide your bank reference number along with the transaction details. After the officials’ approval, the villangam certificate will be sent to your provided login details in the form of a QR code and get a notification SMS. You can also check your certificate’s status in the request lists option under the website’s encumbrance certificate option. This option comes under E-services. The application process takes around 2-3 working days for processing.

How to Apply for a Villangam Certificate Offline

You can comfortably apply for a villangam certificate offline too. For this, you are required to submit a written application in the sub-registrar office along with the required documents. These documents include address proof, property details, and title details. You would also have to pay a registration fee. After the officials have verified the legality of the provided documents, the villangam certificate is issued within a month of applying. In addition to that, you will also get a reference number. This reference number or acknowledgement number can be used to track the status of your villangam certificate.  

The steps in simplicity are as follows:

• Carry the required documents including the attested property details, address proof, title details, as well as your identifying documents to request an application for an EC 
• Fill the application with the asked details and submit them at the local sub-registrar’s office along with the documents you have carried
• The authorities will take some time – around 15-20 days to go through the documents and the application to examine their legality and qualifications
• You will be then issued an Encumbrance certificate or Villangam with the all the details of the transactions (in the case of without transactions, you will get a NIL Encumbrance certificate)

After the offline process, you will be able to get the Villangam certificate downloaded from the official government website, just like everyone else. 

How to Check a Villangam Certificate Online Tamil Nadu

To do a Villangam check online, all you have to do is go to the registration department’s official website. After this, click on E-services. Choose the encumbrance certificate option, and in the requests section, you can check your certificate. To search for the required area, you can follow the same steps used in the certificate’s online application.

How to Download a Villangam Certificate Online

To download a Villangam certificate, you have to visit the official web portal of the registration department of Tamil Nadu. Your EC Tamilnadu can be viewed online from the Tami Nadu Registration department portal. You have to click on the encumbrance certificate option and choose the view or download the encumbrance certificate. You can then download your Villangam certificate. You can also access it via the QR code provided to you on your registered contact after the certificate is ready. 

What is a Nil Encumbrance Certificate?

A nil-encumbrance certificate is issued for a property that hasn’t had any transaction in the time during which the owner applied for an encumbrance certificate. It is also published at the sub-registrar office. 

It is essential to get a villangam certificate to legalize that your property doesn’t carry any financial liability in the form of a bank loan. When it comes to legal matters and paperwork, you have to be especially careful. So to be on the safe side, always try to hire a professional. You can avail of these services from NoBroker without breaking a sweat. NoBroker services include legal assistance and home loans in addition to home services. With Legal services from NoBroker, you can rest easy that all the important documents will be thoroughly checked so you don’t face any loss. Click below to learn more about this service. 

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