Apply For Encumbrance Certificate Kerala : Registration Department

Organization : Registration Department, Government of Kerala
Facility :Apply For Encumbrance Certificate

Home Page : http://keralaregistration.gov.in
Downnload here :https://www.statusin.in/uploads/1288-ec_form20.pdf

Apply For Encumbrance Certificate :

Application for Encumbrance Certificates is to be presented before the Sub Registrar by the applicant in the prescribed form with required fee in person or by post.

Related / Similar Service : Encumbrance Certificate Status Kerala

Application for Encumbrance Certificates for which fee has been paid at double the ordinary rate shall have precedence over those for which the fees has been paid at ordinary rate. The details of fee for encumbrance application are included in the fee schedule. Proforma for application of Encumbrance Certificates is given separately. (Please see Form No 20)

Registration Department :
Registration Department is one of the oldest department in the state and it touches citizens at all levels at some time or other.

The main objective of law of registration is to provide a conclusive proof of genuineness of document, afford publicity to transaction, prevent fraud, afford facility for ascertaining whether a property has already been transacted and afford security of title deeds and facility of providing titles in case the original deeds are lost or destroyed.

Registration department at present is the third largest source of revenue to the state exchequer, the first two being sales tax and excise. Registration law governs documents rather than transactions.

Documents of which registration is compulsory :
(1) The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877 or this Act came or comes into force, namely

(a) instruments of gift of immovable property;

(b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees, and upwards, to or in immovable property;

(c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and

(d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent;

(e) non-testamentary instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property

PROVIDED that the State Government may, by order published in the Official Gazette, exempt from the operation of this sub-section any leases executed in any district, or part of a district, the terms granted by which do not exceed five years and the annual rent reserved by which do not exceed fifty rupees.

(2) Nothing in clauses (b) and (c) of sub-section (1) applies to-
(i) any composition-deed; or
(ii) any instrument relating to shares in a joint Stock Company, notwithstanding that the assets of such company consist in whole or in part of immovable property; or

(iii) any debenture issued by any such company and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immovable property except insofar as it entitles the holder to the security afforded by a registered instrument whereby the company has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or

(iv) any endorsement upon or transfer of any debenture issued by any such company;