How to apply for an encumbrance certificate in Maharashtra?

When buying a property, an important document to which you as a buyer should have access to is the encumbrance certificate (EC). In this guide, we tell you in detail what an encumbrance certificate is, why it is important for both buyers and sellers in Maharashtra and how to apply for an EC online and offline in Maharashtra. Read on.

What is an encumbrance certificate?

An encumbrance certificate is proof that the person who is selling the property to you is the real owner. The document also highlights that the property has no litigation and financial dues attached and thus is safe to invest in.

What are the uses of encumbrance certificate in Maharashtra?

• An encumbrance certificate in Maharashtra dates back upto 30 years mentioning all about the property’s background. This important document mentions details of people who have been involved in previous transactions. 
• Also, before buying a property one should ensure that it has a clean title and has no financial dues attached- else these will have to be dealt with by the new owner.  The encumbrance certificate gives details of all this information making it an important document for home buying, selling and for people seeking a home loan.
• EC Maharashtra will be useful to avail a home loan with their property as collateral must furnish EC to financial institutions.
• This helps to update land or property tax records through mutation. 

Encumbrance certificate in Maharashtra: Details mentioned

• Property owner’s name
• Details about property
• Documents and transactions done in the past 30 years. This will include name of parties, volume, book number, paper number, date of transaction and details regarding the transaction
• Record of any mortgage that has been done using the property

What are the types of encumbrance certificate forms?

An encumbrance certificate is available in two forms:

Encumbrance certificate Form 15

If a property has any encumbrances during the period for which the applicant has sought an encumbrance certificate in Maharashtra, the SRO issues an encumbrance certificate on Form 15. This will include information related to inheritance, sale, purchase, lease, mortgage, gifting, relinquishment, partition of the property etc.

Encumbrance certificate Form 16

In case no transaction has been recorded during the period for which the applicant has applied for an encumbrance certificate, the SRO issues a nil-encumbrance certificate on Form 16.

 Encumbrance certificate in Maharashtra: Eligibility

• The applicant should own the property

• The applicant who has the power of attorney given by the owner

Encumbrance certificate in Maharashtra: Documents required for application

• Proof of identity of the applicant like Aadhaar card, PAN card, Voter’s card, Passport etc.
• Residence proof of the applicant like electricity bill, Aadhaar Card etc.
• Address of property
• Sale deed copy – recent or old
• Purpose of application for encumbrance certificate in Maharashtra
• Time frame of EC requirement
• Power of attorney copy if the owner has given the responsibility to someone else

How to get an online EC in Maharashtra?

Only some states in India support downloading of online EC. Maharashtra doesn’t support online download of EC and to obtain the encumbrance certificate a person has to visit the SRO office.

How to get offline EC in Maharashtra?

Mentioned are the steps to follow to get EC in Maharashtra.

• Visit the sub-registrar office (SRO) in the area which is suitable for your property.
• Take From 22 – application form for EC from the SRO and key in all details including the purpose for which you are applying for the encumbrance certificate.
• Submit the filled form with a non-judicial stamp paper, the required documents and the fees. This fee varies from place to place.  Also, note that the encumbrance certificate in Maharashtra will be issued in regional language (Marathi). A person has to pay an additional fee for an English translated encumbrance certificate.
• Collect the acknowledgement receipt that will also have an ID for tracking the issuance of the EC.

How much time does it take to get an encumbrance certificate in Maharashtra?

It takes around 15 to 30 days from the date of application to get the encumbrance certificate in Maharashtra.

Housing.com POV

Encumbrance certificate is an important certificate that is required while buying, selling or applying for a home loan. Unlike other states, Maharashtra doesn’t support application of online encumbrance certificate. Hence, one has to visit the SRO office to apply for the encumbrance certificate in Maharashtra. Also, the fees to get the EC differs across the state.

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