Encumbrance Certificate for a WILL

Querist : Anonymous (Querist) 27 March 2010 This query is : Resolved
My grandfather was alloted a plot through housing board. He had a WILL written for a portion of the land in the name of my mother.The WILL was subsequently probated in the court after his death.

Since there was no transaction in the sub-registrar office, will my mother's name reflect in the encumbrance certificate if i apply for one.

Will i have any legal issues later in this case. Also what is the procedure for including my mothers name in the encumbrance certificate.

Bankers and Builders are insisting on an encumbrance certificate though i keep telling them it is a probated WILL.

Would be happy if i have this query answered by your community.

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adv. rajeev ( rajoo ) (Expert) 27 March 2010
Encumbrance certificate is nothing but a certificate which shows any encumbrance on the property i.e., if any loan is taken by the owner or it is hypothicated to some one/bank etc., if the said documents are regd., then only names will be entered in the encumbrance certificate otherwise no.
Your mother will have to file an application to the revenue office to enter her name to the property on the basis of the will. After entering her name to the property you will get the encumbrance certificate in the Sub-registrar office.
Bank always asks for the encumbrance to see is there any encumbrance on the property.
Encumbrance certificate means: Liability( such as a mnortgage or charge) which is attached usually to a property or land. Encumbrance always goes with the property.

adv. rajeev ( rajoo ) (Expert) 27 March 2010
correction: Instead of mnortgate it is mortgate

B K Raghavendra Rao (Expert) 27 March 2010
A Will transaction would not be reflected in the entries of sub-registrar.

Your mother need to obtain succession certificate from the civil court and that certificate should be registered in the sub-registrar for reflection of entries in the encumbrance certificate.

Kumar Thadhani (Expert) 29 March 2010
Follow the advice of expert of Mr. Vadarai &Mr.Rao.

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