What is IGRS?: IGRS (Full Form- Inspector General of Registration and Stamps) is a government department that works for the registered documents and their publicity. Such documents as real estate property, marriage, and other certificates that is issued by the government. The department has been actively working in India since it first got established back in 1864. It helps verify the old documents by providing copies of them to public service. It is one of the largest revenue earning department in India.
- 1 What is Encumbrance Certificate?
- 2 How to apply for Encumbrance Certificate (EC)
- 2.1 Document Preparation Precautions
- 2.2 Important Precautions in filling the application form for Encumbrance Certificate Registration
- 3 How/When/Whom to Pay Stamp Duty Matters
- 4 Required People For signing or admitting the documents
- 5 FAQs IGRS Encumbrance Certificate (EC)
What is Encumbrance Certificate?
In general terms the Encumbrance Certificate is govt. issued certificate that is of utmost importance for legally owning, buying or loaning a big property. The Certificate is a way of assuring that the property bought is free of any monetary liability such as mortgage or unpaid loans. The application for certificates can be applied both online and offline at the concerned office.
Having a department issued Encumbrance certificate will give legal title to its owner over her/his property as well as be eligible to obtain loan over the said property.
Encumbrance Certificate for Following registrations can be obtained from IGRS:
- Property Registration
- Education, Charity Registration
- Marriage Registration
- Firm Registration, etc.
- Partition among family members
- Partition among business partners
Required Documents to apply for the Encumbrance Certificate (EC)
The documents or the precautions for applying for the EC is set and prescribed by Transfer of Property Act,1882 and Registration Act,1908.
|1. Photograph and Fingerprints of the registered owner. ( in the prescribed format under Section 32A of Registration Act, 1908)|
|2. A route map/ sketch with landmarks of the immovable property.|
|3. Address Proof of all the parties, witnesses, and Identifying witnesses e.g. Passport, Aadhaar Card, Ration card, Bank Passbook or Driving License. (Must contain address proof)|
|4. Pattadar Passbook (PPB) and Title deeds(TD) with entries made by registering offices regarding the transaction. (If the document affects agricultural land)|
|5. Executant of the Document*|
|6. Applicable fee for the Certificate|
|7. Property and title details|
|8. Application for EC|
How to apply for Encumbrance Certificate (EC)
The procedure of Applying for the Encumbrance Certificate in IGRS AP is a Simple and easy process as illustrated in following simple steps. The Encumbrance certificate in Andhra Pradesh and Telangana has been computerized in 1999. The current computerized documents as well as the ones dating as back as 1983 can be obtained from the office.
STEP 1: An Application is to be submitted at the Sub Registrar Office for the Encumbrance Certificate. Along with it all required documents are to be carefully submitted and then the required fee paid.
The EC from 1983 to the present time can be obtained either from Sub Registrar Office or Meeseva centers. To download application form for EC from Meeseva centers click on the link below:
Application form for EC from Meeseva Center.
To download the Application form for the Encumbrance Certificate before 1983 download it on the link below.
Application form for EC Pre 1983.
STEP 2: Fill all the required details carefully and inspecting make sure that you do not leave any required detail out. if you ask the EC to be given in the present owner’s name, all other entries will be deleted so avoid making such requests.
Do request for a general search for the property in question.
STEP 3 : An Officer will check all the indexes for the verification of the details.
STEP 4: An Encumbrance Certificate is issued along with the specific time period details about the transaction. If there is no transaction the NEC, Nil Encumbrance Certificate is issued. The certificate is generally issued within 15 to 30 days from the date of application.
NOTE: An Application is made in Form no. 22, The Encumbrance Certificate is issued in form no. 15 and NEC is issued in form no. 17 in the states of Andhra Pradesh and Telangana.
Document Preparation Precautions
Following precautions should be taken into consideration while preparing he document:
- Double check the name and Spellings of the names of the involved parties
- Do not put approximate age of the parties but make sure from legal documents first.
- Fill correctly the profession and addresses the involved parties.
- Correctly record the link document number, date of registration, Book number, CD volume number, Sub registrar/ registrar name, and district name.
- Carefully fill Cheque number and DD number if the payment is made through these.
- Schedule of the property. (City/village)
- Attesting witnesses.
Important Precautions in filling the application form for Encumbrance Certificate Registration
1. For Agricultural Property:
- Before submitting the application for further action, check whether it’s complete requirements are met. It should not contain any Blanks, Erasures in the registration form. If there are any the executant should fill these with signatures or initials by himself.
- Concerned property should be described in details without any irregularity.
- In case of Agricultural property following details should be made clear.
- The Survey Number (Old and New)
- Full Extent of Survey Number
- And if part of it is transacted following details are mandatory
- All the four boundaries of the property
- Extent of property under transaction
- Village name, Panchayat name, Mandal name, District name
- Pattadar Passbook (PPB)
- Title deeds (TD)
2. For House Property:
- Door number (Old and new)
- Assessment number of the Property
- Street name
- Village/city name
- Make sure that the property is not under such categories as ,Assigned/Government/ wakf/endowment lands/Schedule lands. It can be proceeded as serious criminal offense. (1 of 1970 act)
Presenting time duration limit of the document:
- The documents should be presented in the sub registrar office within four months of signing by the parties.
- With paying penalty the duration will be extended up to four more months
- However, they can not be presented after the time period of Eight months after the execution (signing ) of the document, so be alert to present the said documents at your earliest convenience after signing.
The Documents signed outside of India:
- The documents signed outside of India can be presented within four months of it arriving in India.
- However, the legal document of it’s time of arrival in the country has to be presented such as; courier delivery receipt, affidavit from carrier of the document, etc.
Time limit for Will deeds:
There is no time limit to present the will deeds. They can even be presented after 50 years of being executed or even after the death of the testator. And an officer will then carry out the enquiry about the authenticity of the said will.
3. For Land Purchase
- Inquire about the history of the vendor from whom you intend to buy a property. If his prior transactions have been smooth and without any discomfort to the buyer, then buy the property.
- Check thoroughly the title of the property. You may even search for records at the sub registrar’s office to find out the owner of the title.
- In case the land being purchased is agricultural land, following documents should be asked from the seller.
- Khata of that land or/and
- Pattadar Passbook and Title Deed
- Assessment register Ledger Entry (Also called khata) is an important document for loans, title opinions, electricity meter name change, etc. It is basically the entry of the name of present owner in municipal/panchayat records.
- Verify the title of the seller, as to how he/she came into possession of the property. Ask for the relating document before buying the property like:
|Right of Purchase||Sale Deed/ Document|
|1. Inheritance||Entry in venue records/Title of the predecessor|
|2. Partition||Deed of Partition|
|3. Gift||Gift deed|
|4. Settlement||Settlement deed|
|5. Grant||Grant deed|
|6. Release||Release order|
|7. Mulgheni||Deed of Mugheni or Permanent lease|
- Make sure to check the other following documents like
- Authenticity of the documents
- Verify photographs and thumb impressions of the vendor-Section 32A of Registration Act, 1908 (Only for properties that the seller has acquired after 2001)
- Tax receipts and bills
- Encumbrance Certificate
- Check for any dues in the payment of the property or any pending loans.
4. Sale deed Preparation (Requirement and precautions)
“Conveyancing” or “Sale deed” means the transfer of property from one person to another. A sale deed is drafted by a legal draftsman on a judicial stamp paper. In Andhra Pradesh and Telangana the sale deed stamp paper costs only 100/-. Following details must be filled in by the draftsman in the stamp papers.
- Name of the Deed , e.g. Sale Deed, Deed of Mortgage etc.
- Correct details of the parties to the Sale Deed
- Full description of the property sold
- Mutually settled Agreement of Sale
- Sale consideration clause, such as Agreed upon amount by seller and buyer, Date of execution
- In case of advance payment, complete details of the payment and remaining amount
- Mode of payment (Cash /Cheque/ Demand Draft )
- Date of the delivery of possession
- Execution (Signature and thumb impressions)
- Registration: Registration should be according to section 17 of the Registration Act ,1908. (Both parties must be present)
- Testatum: Execution of the document wit two witnesses; one from the seller and one from the buyer with their full name, address, age and signatures.
5. Firm Registration Requirement
The law required to be read before starting a Partnership firm is detailed in Indian Partnership Act,1932.
Procedure for the registration of a Partnership Firm:
- Application shall contain
- Name of the firm
- Place or principal place of business
- Names of any other places where the firm carries on business
- Date on which each partner joined the firm
- Name in full and permanent address of partners.
- Duration of the firm
- Application form should prescribe fee required as well as following
- Form No.1 and Specific of Affidavit as prescribed by the partnership act.
- Certified copy of the Firm deed entered into
- Ownership proof of the principal place of business
- When the registrar is satisfied with the completion of Act 58 he will issue a Certificate of Registration.
- For Any alteration in the details relating to the firm after the registration follow the procedures below:
Marriage Certificate Requirements
Following are the required certifications or criteria to get a marriage certificate:
|1. Bride should be of minimum 18 years of age at the time of the marriage|
|2. Bridegroom should be of minimum 21 years of age at the time of marriage|
|3. Form A along with the payment of the prescribed fee.|
|4. Wedding Invitation card|
|5. Residential Proof of both of the spouses|
|6. Copies of SSC Certificates/Passport of both Bride and Bridegroom (for Date of Birth Proof) Should be double checked for it may cause problem later for obtaining visa.|
|7. Three witnesses should be to sign the register of Registrar office.|
|8. It is advisable to write both names of the bride, i.e. names before and after marriage|
|9. Correction in the certificate is a long and procedure so it is advisable to check the entries many times before submission|
Even so, the corrections can be requested either at the sub Registrar office or at the Sub Registrar office where the bride or groom has been residing for at least six months.
|10. Section 5. Conditions for a Hindu marriage|
A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely,-
(i) Neither party has a spouse living at the time of the marriage;
(ii) at the time of the marriage, neither party-is incapable of giving a valid consent to it because of having any kind of mental disorder
(iv) Is being unfit for marriage and the procreation of children; or
(v) has been subject to recurrent attacks of insanity or epilepsy;
How/When/Whom to Pay Stamp Duty Matters
According to Indian Stamp act,1899, the stamp payment should be made before the time of execution (Signing) of the document. Following is the sorted out table on the different procedure of payment in different scenarios.
|How to pay Stamp Duty for the Registration of Documents||How to pay Stamp Duty on old Documents (For Documents Validation and impounding)||For Document Signed Outside of India|
|1. In Andhra Pradesh and Telangana non judicial stamps are available in the denominations of 10/-,20/-,50/-and 100/- only.|
2. These stamps are used in to document their transaction
Rest of the amount is paid through challan system.
3. Currently each Sub Registrar office is either connected with the branches of state Bank of Hyderabad (Telangana region) or state bank of India(Andhra Pradesh and Rayalaseema region)
4. Sub Registrar office will guide about how to fill the challan and how much to pay.
5. Then go to your SR office’s designated branch and pay the amount and get a copy of the challan.
6. Present the copy of the challan along with rest of the documents and the sub registrar will carry out rest of the investigation.
|1. Within one year from the date of signing the document : If the concerned party voluntarily approaches the collector (District Registrar in the State of Andhra Pradesh and Telangana) within a year of signing the document to pay the remaining amount no penalty will be levied upon.|
2. After a year of signing the document: The concerned party approaches the collector after a year of signing the document the public officer or court will be liable to levy the penalty of ten times the amount of the remaining payment.
3. Still, the court will allow the party to approach the collector who has discretionary power to levy the penalty of minimum 5/- to ten times the remaining (deficit) amount.
4. After collecting the deficit stamp duty and penalty, the Collector will add a certificate under Section 42 of Indian Stamp Act, 1899, which is equivalent to payment of stamp duty.
|1. Documents signed outside India and then received in India can be stamped under section 18 of the Indian Stamp act,1899|
2. Within three months from the date of first received in India, the parties may approach the District Registrar (in Andhra Pradesh and Telangana) and pay the proper stamp duty on the instrument/document.
3. The District Registrar will collect the deficit stamp duty and carry out necessary actions.
Required People For signing or admitting the documents
- The executant (Person signing the document) can present the documents, in case of more than one executant, any of both could present the document.
- In case the registered principal executant is not present due to certain reasons, the agent may present the document (Called Attested Power of attorney), but only through the following conditions:
- It requires attestation. The attestation shall be certified by the Sub-Registrar of the area where the principal resides(Must have Registration act,1908 in force in that area).
- If the principal resides outside of India, then the Notary Public/consul/Vice Consul of India shall attest the power of attorney.
- Still, In case of General Power of attorney, the agent may sign o behalf of the principal as he automatically becomes the executant of the document.
District wise details of SRO (Sub-Registrar Office)
Click here to see the district wise information (District Names, SR & DR Email address, Addresses and Bank details) of SRO in Andhra Pradesh and Telangana.
Stamp Duty Payments
Click on the link below to see the fees applicable for the payment of stamp duty, Transfer Duty Registration Fee.
FAQs IGRS Encumbrance Certificate (EC)
After document registration, It usually takes 15 to 30 days to be issued.
Yes, it is very important to get the EC for marriage Registration as it is required for important events such as visa or divorce.
Payment amount for stamp duty matters is different for each different document.
In the Sub Registrar Office of your district where the property is.
Form A is the form in Andhra Pradesh and Telangana for marriage certificate Registration.