Problem with EC Problem with EC

5 years ago

Hi Sir/Madam,

My mother bought and got registered a revenue property in Bangalore in the year 2003 and in 2006 landowner who sold his property to us with his accomplice made a fraudulent transaction and registered the property to a third party in the year 2006. We filed a case in the year 2007 and court gave the order in favour of my mother in the year 2017 and there is no dispute now. Now the problem is when I apply for encumbrance certificate from 1991-2004, my mother's name is reflecting but it is handwritten and when I apply for EC from 2004-2018 the name of the person against whom we have won the case his name is reflecting, my mother's name is nowhere mentioned. I consulted a stamp vendor and he informed me that the transaction which happened before 2004 was always handwritten and which is after 2004 is all computerized.

I have a few questions now,

1. Can you please advice what is the reason that my Mother's name is not reflecting in EC after 2004?
2. How can we cancel the registration of the person against whom we have won the case?
3. Can my Mother transfer the property through a gift deed so that my name reflects in EC (Without cancelling the registration of the person against whom we have won the case )

Request you to please let me know all the possibilities ASAP as I need to apply for B Katha and home loan.

Thanks in advance
Regards,
Sachin Machaiah

Prabhakara S K Shetty

Responded 5 years ago

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A.You say that you won a case ( in your mother`s name) against perhaps landowner. I should know what kind of case you filed. Have you asked for setting aside that second registration ? Any registration that is recorded and reflected in EC needs to be cancelled only by Civil court. Also, are you in possession of the property ?
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GANESH SHARMA

Responded 5 years ago

A.go to the registration office with the certified copy of the judgement / order and move an application to the registrar to make necessary changes in the record. Your mother can transfer her property in you name through gift deed you need not to worry on that part.
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