EC Review

Here’s how an advocate typically verifies the document:

1. Document Examination: The advocate carefully reviews the entire encumbrance certificate, examining the details of all transactions related to the property for a specified period. This helps in understanding the property’s ownership history and any encumbrances attached to it.
2. Ownership Chain: The advocate traces the ownership chain of the property to ensure that the current owner has a clear and undisputed title. They verify that the property has been transferred through legal and valid transactions.
3. Encumbrance Details: The advocate looks for any encumbrances, charges, mortgages, or liens mentioned in the certificate. They cross-check these details with the property’s history to verify their accuracy.
4. Time Period: The advocate checks the encumbrance certificate for a specific period, usually from the last settlement of land. This time frame helps identify recent transactions and encumbrances that could affect the property’s current status.
5. Transaction Types: The advocate reviews the types of transactions listed in the encumbrance certificate. They verify that the transactions are legal and that they don’t create any complications for the property’s ownership.
6. Cancelled Documents: The advocate checks whether there are any documents that have been canceled or deemed invalid. These could be earlier transactions that have been reversed or nullified.
7. Discrepancies: Any discrepancies or inconsistencies in the ownership chain, transaction details, or encumbrances are thoroughly examined by the advocate. These could indicate potential legal issues.
8. Cross-Verification: The advocate may cross-reference the information in the encumbrance certificate with other property documents, such as sale deeds, title deeds, and survey reports.
9. Legal Implications: Based on the information in the encumbrance certificate, the advocate provides legal advice to the buyer. They explain any potential legal implications of the encumbrances listed and whether they might affect the buyer’s decision to proceed with the property transaction.
10. Resolution of Issues: If any discrepancies or concerns are identified, the advocate may advise the buyer on how to address them. This could involve seeking clarification from relevant authorities, resolving outstanding issues, or negotiating with the seller.

An advocate’s review of an encumbrance certificate is crucial to ensure that the property being considered for purchase is free from any hidden liabilities or disputes. It helps the buyer make an informed decision and minimizes the risk of future legal complications.