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‘Difficult to give flawless property papers’

Comments Off on ‘Difficult to give flawless property papers’   |   March 5, 2014    04:44pm   |Contributed by manoja

CHENNAI: As if land grab bids and ‘double documents’ are not menace enough for property owners/buyers, the state registration department shocked the Madras high court on Monday, saying it is difficult to issue encumbrance certificates without any fault.

An encumbrance certificate (EC) is the basic document which reveals the current status of an immovable property. It is supposed to contain correct ownership details of a piece of property and inform the applicant whether it is encumbered or mortgaged in favour of a bank or any individual.

However, responding to an anticipatory bail petition of a landowner who ended up purchasing another person’s property as the EC did not reflect latest ownership, the inspector-general of registration said: “The ECs are prepared by making search based on survey numbers, boundaries, extent, period, etc. It is because of mismatch in present survey number and old survey number and boundaries, encumbrance certificates, at times, do not reflect all the encumbrances relating to a property . This has engaged the department in debate for quite some time.”

Justice S Nagamuthu, however, said he could not agree with the submission. Noting that there had been a phenomenal increase in the number of cases arising out of improper ECs issued by the registration department , the judge said: “In this modern computer world, I do not believe it would be impossible to evolve a comprehensive mechanism by which the ECs could be issued flawlessly, reflecting all encumbrances.”

Giving up

The TN registration dept told the court that an accurate EC was difficult because survey numbers are often mismatched But it said it would soon come up with a better system The admission came in a case where a landowner bought another person’s property due to a faulty EC. The HC said it was hard to believe that in a computerized world, the dept couldn’t come up with a faultless system.


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