Discontinuance petition related query Discontinuance petition related query

2 months ago

Will the Discontinuance petition raised by one of the dependent party of any property will gets reflects in EC or not

Anik

Responded 2 months ago

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A.Dear Client,

An Encumbrance Certificate (EC) serves as assurance that a property is free from legal or financial liabilities like mortgages, charges, or pending loans. However, it does not disclose details about ongoing litigation related to the property. The data update for EC is manual and relies on submissions to the Registration Office, lacking automatic or comprehensive scouting. While an EC issued by Sub Registrar/Registrar is generally based on the property owner's affidavit, it may not be highly authentic due to limited searches, especially in offices without digital records. While EC provides valuable information, its limitations make it advisable to consult legal experts, conduct thorough research, and inquire with courts to obtain a comprehensive understanding of a property's legal status.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
An Encumbrance Certificate or (EC) is a certificate of assurance that the concerned property is free from any legal liability (as confirmed by a court order) or financial liability (if documented and registered) such as a mortgage, charge or pending loan. However, the EC does not disclose anything about pending litigation pertaining to the property. The data updation is done at the Registration Office solely upon submission, neither automatically nor by scouting. Exuberance certificate issued by Sub Registrar/ Registrar properties is in most cases based upon the affidavit of the owner of the property and is not very authentic as rarely search is made for the simple reason that many offices in India do not have their records in a digital manner and are kept in books. Although the EC provides useful information about the property's background and financial liabilities, it has its limits and may not reveal ongoing court cases. To get a complete picture of the property's legal status, it's a good idea to seek advice from legal experts, conduct thorough research, and even inquire with the courts if there are any ongoing legal disputes related to the property.
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