• Inherited property in Encumbrance Certificate

My Dad inherited Village property in 1994 via a WIll. The Survey numbers are mentioned in my dad's PATTA.
But when an online EC is generated , it says not available.

Why my Dad's name not shown in Encumbrance certificate.
Asked 14 days ago in Property Law
Religion: Christian

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8 Answers

  1. Visit the sub-registrar's office where the EC was issued 

     

  2. Request an application form for EC correction 

     

Fill out the form with the incorrect information and the corrections you need

Ajay Sethi
Advocate, Mumbai
97223 Answers
7850 Consultations

Bring it to the notice of the Sub Registrar of the jurisdiction alongwith the Patta's entries and get the corrected Encumbrance Certificate showing your Dad's name against the survey number of the property.

Shashidhar S. Sastry
Advocate, Bangalore
5424 Answers
330 Consultations

Your father inherited the property by a Will and not by a registered document. 

Therefore since there's no registered document on your father's name you cannot find any transaction entry in the encumbrance certificate. 

The Will shall be his title document and the revenue records will be the proof of his possession and enjoyment of the property. 

There's no problem on this,  your father's title is safe and secured. 

T Kalaiselvan
Advocate, Vellore
87425 Answers
2348 Consultations

If your dad's name is not shown in the Encumbrance Certificate (EC), it could be due to the following reasons:

Reasons for Missing Name in EC


  1. Inheritance by Will Not Registered:

    • If the inherited property transfer was based on a will but not registered, the transaction would not reflect in the EC.


  2. No Document Registration:

    • EC only shows registered transactions (e.g., sale, gift deeds, mortgage). Inherited properties via will may not be registered if the transfer was done informally.


  3. Data Entry Errors:

    • Sometimes, discrepancies or delays in updating property records in the Sub-Registrar's office can cause the EC to not reflect recent ownership changes.


  4. Patta vs. EC Records:

    • Having the property in the Patta confirms possession and revenue records but does not guarantee the title is updated in EC records if no registered transaction exists.

Steps to Resolve the Issue


  1. Verify Registered Documents:

    • Check if the will was probated and any transfer documents were registered at the Sub-Registrar's office.


  2. Apply for EC at the Sub-Registrar's Office:

    • Online ECs may not always be complete. Visit the Sub-Registrar's office to obtain a manual EC, which may have more accurate details.


  3. Update Ownership:

    • If the will is not registered, consider executing a Release Deed or applying for a mutation in the revenue records to ensure ownership is legally updated.


  4. Mutation Records:

    • Ensure the property is mutated in your dad's name in revenue records, as Patta alone does not confirm ownership under EC.

Next Steps


  1. Visit Sub-Registrar Office:

    • Request detailed EC manually for the property’s survey numbers.


  2. Consult a Lawyer:

    • If the will was not registered, consult a property lawyer to formalize ownership via mutation or a declaratory decree.

For further guidance, consider a phone consultation. I hope this helps. If you could spare a moment to leave a review, it would mean a lot.

Thank you,
Shubham Goyal.

Shubham Goyal
Advocate, Delhi
322 Answers

You need to check the same with the sub registrar office and get the same rectifier in their record 

Prashant Nayak
Advocate, Mumbai
32660 Answers
206 Consultations

As your father inherited the property through a Will, the inheritance need not and cannot be recorded in the sub-registrar's records. Hence, it will not find a place in the EC. As patta is a Revenue record, change in ownership will be recorded. There is absolutely no legal infirmity in your case, and therefore, no cause for further action.

Swaminathan Neelakantan
Advocate, Coimbatore
2936 Answers
20 Consultations

- You can submit the copy of the Will with the death certificate before the Revenue department with an application for updating his name in the EC. 

- Further , you can also apply for mutation of the property in your name as well. 

- However, if your father is alive , then he can himself move an application for the said updating. 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

Dear Client,

 

The absence of your father's name in the Encumbrance Certificate (EC) may indicate that the inherited property was not properly registered in his name after inheriting it via the Will. While the Patta reflects ownership for revenue purposes, it does not serve as proof of title unless the property transfer is registered at the Sub-Registrar's Office. To resolve this, verify whether the Will was probated (if required under local laws) and whether the title transfer process was completed, including registration of ownership in your father's name. If not, you must initiate the registration process by submitting the necessary documents, including the Will, death certificate of the testator, and identity proof, to the Sub-Registrar. Once registered, the property should reflect in the EC, ensuring clear title ownership.

Hope that this helps you to solve your problem.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

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