All about AP encumbrance certificate

Every person’s residence is one of the most important things in their lives. Not only are people emotionally invested in their houses for all the obvious reasons, but there is also a lot of money at stake when it comes to owning a house or a property. If the individuals so attached to their home learn that the house is genuinely tied with some legal proceedings they are unaware of, or the property has been pledged to another party by the broker, it can be highly devastating to them and their future.

Why do the people in Andhra Pradesh need to be aware of the AP encumbrance certificate?

Such an unprecedented situation could occur to anyone, irrespective of the place they live in.

• Particularly in India, where the legal provisions related to land and property are highly complicated to understand, especially by the common folk, such unlikely events might occur if proper care is not taken. 
• Another reason for people to know about AP encumbrance certificates is that such legal provisions and terms often vary from state to state.

To be safeguarded of one’s property, it is advised that every Andhra Pradesh citizen be informed of the AP encumbrance certificate.

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What is an AP encumbrance certificate?

The term ‘encumbrance’ refers to any charge placed on a house or property and is most typically used in the context of real estate transactions. An AP encumbrance certificate is a certificate of assurance that the property or residence in question is completely free of any legal encumbrances or monetary liabilities such as a mortgage or an uncleared loan in Andhra Pradesh.

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Encumbrance certificate translates to the rightful ‘Ownership of Property.’

• An encumbrance certificate (EC) is evidence of the property’s sole ownership.
• If you are purchasing a house for yourself, it is strongly advised that you obtain an encumbrance certificate. This will not only protect your legal title to the house but will also allow you to take out loans from other institutions in the future by warranting your property.
• To apply for a loan against your property in AP, you must provide an Encumbrance Certificate. In Andhra Pradesh, the Registration and Stamp Department issues the EC certificate.

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What are the advantages of issuing an AP encumbrance certificate?

• Legally guarantees that your property is debt-free and that you are the sole owner.
• Most banks in Andhra Pradesh want EC before issuing a home loan.
• If you intend to resell your property in the coming future, you must produce the AP encumbrance certificate to the buyer to finalise the agreement. 
• If you intend to resell your property in the coming future, you must produce the AP encumbrance certificate to the buyer in order to finalise the agreement. 
• An EC must be submitted for the property’s mutation procedure (Khata Registration / Khata Transfer / Patta).
• If your payment for the property is coming from a provident fund, having an EC is a necessary factor. It’s impossible to miss.
• If your property/land tax submission has been overdue for three or more years, you must submit the EC to the Village/panchayat officer.

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What information will you find in the AP Encumbrance Certificate?

Any transaction relating to the property that the registrar has recorded will be investigated further and mentioned in the AP encumbrance certificate. However, keep in mind that the certificate will only be valid for a specific period, and only transactions from that period will be examined and included.

Specific papers, such as testamentary documents and short-term lease deeds, are not required by law to be registered and are thus excluded from the scope of transactions recorded at the Sub-Registrar’s office. The certificate includes only the transactions that are registered to the office:

• The applicant’s name (the person who applied for the issuance of the AP encumbrance certificate).
• The duration for which the EC is granted.
• The property’s transactional information.
• Complete information related to the property based on the sale deeds recorded in the Sub-Registrar’s office.
• The application form, which will also include all of the vital property information
• The buyer’s and seller’s names will be mentioned. If the property is jointly held, the names of all the owners will be discussed here.

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How to search for an AP Encumbrance Certificate online?

Therefore, if you search for an AP EC online, you will only get details dating back to 1983. If you require any information or transaction data before that, you must contact the SRO office.

• You must go to the official website of the state government’s registration and stamp department to obtain the AP encumbrance certificate. 
• Now, please check out the ‘Services’ category. The ‘Services’ category is a box titled as it is and squeezed between the ‘Ease of doing business and ‘Information’ boxes on the homepage. 
• Now, please check out the ‘Services’ category. The ‘Services’ category is a box titled as it is, and squeezed between the ‘Ease of doing business’ and ‘Information’ boxes in the homepage. 

• Once you’ve found it, you’ll need to click on the encumbrance search option fork there. You will be redirected to another website – http://rs.ap.gov.in/APCARDECClient/ 
• You will now see that the encumbrance certificate is shown on the screen. This document contains information on the IGRS AP encumbrance certificate and a legal disclaimer. After reviewing the rules, click the submit button to proceed.

• You may search for the document by entering the document number, memo number, or none option.

If you are using the document number to search for the EC, you must provide the registration year along with the document number in the drop-down box of the government search criteria. Fill in your registered SRO. A captcha will appear on the screen. Copy it carefully and then click the submit button. All of the property’s details will now be displayed to you.

• If you’re utilising the memo number to find the EC, choose that option as well as the year of registration. It would help if you also input the registered SRO for this. Carefully enter the captcha code. Select the submit button.
• Select the none option if you don’t have the memo number or the document number. You will be sent to a new page. Fill out the form and provide the information requested, such as district and applicant name, SRO, building information, site or agricultural land details, and boundary details. Now, correctly validate the captcha and click the submit button. You will be routed to an EC statement.

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How to get an AP encumbrance certificate offline? 

• The first step for issuing an AP encumbrance certificate offline is simply filling up and submitting form no 22.
• Along with it, you must also affix a non-judicial stamp worth Rs 2 to the application.
• Mention the address of the property for which you want the EC.
• You will also need to state why you want to generate the documentation.
• Now, enter some information such as the survey number, the term (how long do you need the AP encumbrance certificate to be), the description of the property, the boundaries, and the measurement details. Most of the time, customers require the EC for a house loan. In such a scenario, your time span should be specified as 10 to 15 years.
• Along with all of this, you must present a government-approved identity card and evidence of residency.
• Submit the paperwork to the SRO’s designated officer (Sub-Registrar Office). 
• You must pay the applicable fees. The charge for EC is determined by the number of years for which you wish to obtain EC. Please keep in mind that a fraction of a year is also considered a whole year. (EC is granted from the start of a fiscal year, i.e., April 1st.) The charge may differ from one state to the next. In general, it is relatively minimal. The search charge for the first year can vary from Rs 15 to Rs 50, and the fee for each following year can range from Rs 5 to Rs 10. (approx).
• This will take you nearly 10 to 30 days to issue your EC.

Forms 15 and 16 in the AP encumbrance certificate

You will find two form categories in the AP encumbrance certificate namely 15 and 16.

Form 15 essentially contains all property-related information. It includes the registration paperwork, the auction information, the taxes and debts owed on the property, if the property is mortgaged or leased, and so forth.

Form no. 16 is a non-encumbrance certificate issued when the property has no encumbrances at all.

Is an AP Encumbrance Certificate sufficient to declare that property is no longer burdened?

The AP encumbrance certificate is an official report that reveals all of the ownership details and transactional facts that have been submitted with the Sub Registrar’s Office.

The AP encumbrance certificate proves that the asset is free of legal or financial encumbrances. However, it does not disclose any information that the property owner hasn’t registered with the appropriate authorities in the local area.

It is recommended that all purchasers conduct a full legal check and proper research prior to acquiring the property.

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Housing News Desk

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