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Encumbrance Certificate in West Bengal – Uses, Application Process and Fees Applicable

You may have come across the term “encumbrance certificate” in West Bengal when buying a property or land. This certificate clarifies that land is free of financial or monetary liabilities, further proving the ownership of the same. It is one of those essential documents that can be used to buy or lend a property and avail loans against the land. It also helps to eliminate any risk of future land disputes.

What Is an Encumbrance Certificate?

An encumbrance certificate is a legal document that certifies land details in terms of ownership, legal and monetary liabilities. It works as a record that the land is free of pending taxes, dues or any legal and financial issues. Hence, a buyer of this property can secure ownership without any legal troubles.

What Information Is Available in an Encumbrance Certificate?

Following are records of information mentioned on the certificate –

  • Name of the property owner
  • Property-related transactions and documents
  • Name of parties, volume, book and paper numbers, other details and dates involved in transaction
  • Property descriptions mentioned in Sales Deed
  • Information on a mortgage

How to Get an Encumbrance Certificate in West Bengal?

An individual looking to obtain an EC in West Bengal has to avail it through an offline process. Only some states provide online support for EC, which excludes West Bengal. The offline EC issuance process may take 15 to 30 days based on inspection and verification of the documents produced and the particular land.

The procedure to avail an EC in West Bengal through offline route is as follows –

Step 1 – Visit the Sub Registrar office under which the particular property falls.

Step 2 – Collect Form 22 of EC.

Step 3 – Fill this form with correct personal and property details.

Step 4 – Submit this form with a ₹2 stamp paper, specified documents, and purpose of application.

Step 5 – Pay the requisite fees as quoted at submission time.

Step 6 – After submission, a thorough inspection to verify the authenticity of the details is carried out by an inspector.

Step 7 – Upon satisfaction, the respective department issues an EC in Form No. 15 with transaction details and Form 16 in case of a NIL encumbrance certificate.

The applicant will receive an SMS on his specified mobile number regarding the issuance of EC. To gather it, he needs to revisit the sub-registrar office. This certificate is issued in regional language, and to get an English translated certificate, one needs to pay additional fees.

Documents Required to Apply for EC in West Bengal

  • Attested copies of residence proof
  • Identity proofs
  • Property address, survey number, document number
  • Copy of any sale deed of the particular property
  • Purpose of EC application
  • Period of EC required
  • A copy of power of attorney (in case the applicant is an attorney holder)

Eligibility Criteria to Apply for EC in West Bengal

  • An individual who owns some land.
  • A person holding authorised signatory or power of attorney
  •  The client willing to purchase the property

What Are the Fees to Get an Encumbrance Certificate in West Bengal?

The requisite fee to apply for an EC varies from place to place and period of EC. Generally, it starts from ₹ 100 and increases with the period of EC.

Usage of Encumbrance Certificate

The uses of encumbrance certificate are underlying -

  • Acts as proof for landowners.
  • One can avail loans from banks and financial institutions.
  • This document helps to update the land records.
  • Can use it for mutation purposes of land.
  • It helps to buy a property.

The above article lays down the procedures and uses of encumbrance certificate in West Bengal. An individual who wishes to apply for the same can follow the steps and grab hold of an EC for land located in West Bengal with ease.

FAQs About Encumbrance Certificate in West Bengal

Is Aadhaar card mandatory for property registration in West Bengal?

Yes, an Aadhaar card is a mandatory document to register or buy a property in West Bengal. It serves as identity proof for an individual to be produced when applying for an encumbrance certificate or other land-related documents.

How can I check my land registration online in West Bengal?

Visit the official portal of Banglarbhumi website. Select ‘know your property’ under the ‘Citizen Service Option’ section. Enter the details like district, mouza, block, specified on the window and then search for the required information based on the plot number.

Is there any way to get the Encumbrance Certificate within 2 to 3 days?

Yes, one can apply for an Encumbrance Certificate online and can get it within 2 to 3 days. However, West Bengal does not provide such a facility. The only way to avail an encumbrance certificate is through offline mode. In this method, one needs to visit the Sub-registrar's office and fill in the necessary documents. Then the Sub Registrar’s office will get this certificate within a period of 15 to 30 days.

Can an individual avail of an Encumbrance Certificate after the purchase of the property in West Bengal?

Yes, but it is advisable to avail of this certificate before the purchase as buying a property requires a considerable amount of money. An encumbrance certificate is crucial paperwork which certifies that the property is free from monetary and legal liabilities.

What are the details available and not available in the Encumbrance Certificate?

The Encumbrance Certificate contains all the property details regarding registered transactions and legal claims made within a specific period of time. This certificate also provides necessary information about the loan taken against the property. Therefore, it is evident that an Encumbrance Certificate would not contain details which are not submitted to the sub-registrar office.