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Affidavit mandatory for possession certificate

The Kerala Government has recently made it mandatory to provide an affidavit for obtaining a possession certificate. K Biju, the Land Revenue Commissioner has issued a statement regarding this amongst the district collectors in compliance with the order issued by the Kerala high court.

Applying for certificates from registration dept.

Members of the public applying for certificates from the Registration Department are being encouraged to visit the Department’s website to download and print the application forms.

To do so, they should click on the heading “Records Branch”, select “Application Forms” and choose the required form from the list provided.

Persons should print the form, and read the instructions carefully, before filling it out. The form should be completed using block letters.

Completed forms should be taken to the Registration Department’s temporary location at Manor Lodge, Lodge Hill, St. Michael, Mondays to Fridays, between 8:30 a.m. and 3:30 p.m.

The application form should be presented along with the Barbados ID card and the fee for the certificate.  In cases where the applicant is not the owner of the certificate, he or she must present a Barbados ID card and that of the certificate owner.

These certificates include birth, marriage and death certificates.  The cost of a birth certificate for a person under 60 years is $5 and for a person over age 60, $1. Marriage certificates cost $10 in instances where one party is a national, or $20 if they are non-nationals. Death certificates cost $5, while certificates showing cause of death cost $10.

Supreme Court

Different kinds of encumbrance certificates

Encumbrance certificate can be broadly classified into two categories:

Form 15: This form is provided when there is an encumbrance for the mentioned period. This form also states the nature of the property – whether it is a gift, partition, lease and the like. It also mentions the parties involved in the property and maintains records of various other details in a systematic way with dates.

Form 16: This form is also known as a nil encumbrance certificate. This is issued when there is no encumbrance for the mentioned period.

Encumbrance certificate in kerala

The Encumbrance Certificate (EC) is considered as an important and mandatory document, for property registration in Kerala. The document signifies that the ownership of a property is completely free from any legal complexities.

Ernakulam tops in earnings from document registration, stamp duty in fy21

According to recent reports, Thrikkakara sub-registrar office in Ernakulam district made the highest revenue collection in the entire state in the 2020-21 fiscal year (FY) from document registrations. The office earned Rs 85.86 crores from registration fees and Rs 63.72 crores from stamp duty.

Overall, in spite of the slowdown in real estate, Ernakulam district earned Rs 682.29 crores from document registrations and Rs 507.94 crores from stamp duty in the year. This is the highest among districts. Thiruvananthapuram district was second, earning Rs 416.62 crores from registration fees and Rs 311.39 crores from stamp duty.

As per the data with the registration department, over 7.83 lakh applications for document registration were received in Kerala in the last financial year.

Fake entries in encumbrance certificate applications

Though the government of Kerala has taken significant steps to reduce the frauds in encumbrance certificate registrations, there are still a number of cases regarding the same. Irregularities in the documents submitted include fake entries, same property sold to more than one individual, and the like. These have resulted in a greater number of frauds and fake registrations of encumbrance certificate online.

How can i check my property records online in kerala?

You can check property records online, by following steps mentioned in this article above.

How can i get certified copy of sale deed in kerala?

You have to visit the SRO office where the deed is registered and make an application, to get a certified copy.

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How do i get a certified copy of a registered document?

You have to visit the sub-registrar’s office (SRO) where the property is registered and make an application, to get a certified copy of the sale deed.

How long does it take to get an encumbrance certificate?

The time taken to receive an encumbrance certificate varies. However, if a person applies for an EC at the sub-registrar’s office in Kerala, it generally takes 15-20 days. The time taken for receiving an EC is lesser for online applications. These generally take two to three working days.

How long will it take to get encumbrance certificate in kerala?

It takes around 6-10 days to get the EC in Kerala.

How to apply for encumbrance certificate in kerala

*Step 1: Visit Kerala Registration Portal

*Step 2: Click ‘Certificate’ from the top navigation menu.

*Step 3: Click ‘Encumbrance Certificate’ from the drop-down menu and choose ‘Submit Application for EC’ in the follow-up menu.

*Step 4: Fill all the details required and make the online payment.

How to check if the document is undervalued?

To prevent undervaluation, the Registration Department has launched a special drive, to identify cases of undervaluation in the sale of apartments. An online facility is now available for buyers, to check whether they are booked for undervaluation. Here is how to do that:

*Step 1: Visit the Kerala Registration Portal

*Step 2: Click on ‘Know Your Document Undervalued or Not’. You will be redirected to a new page.

*Step 3: Select the district, sub-registrar’s office and year, from the drop-down menu. Mention the document number.

*Step 4: The results will be displayed on the screen.

How to do property registration in kerala online?

Step 1: Visit the Registration Department portal and click on ‘online applications’.

How to download ownership certificate in kerala?

Now property owners can easily download the ownership certificate online, by following the procedure given below:

Step 1: Visit the Sanchaya portal and select the district and the governing body.

Step 2: You will be redirected to a new page. Here, click on ‘Ownership Certificate’.

Step 3: Enter the ward year, ward number, door number and other requisite information.

Step 4: Download the certificate after paying a nominal fee.

How to download possession certificate in kerala on e-district?

Home owners can obtain the possession certificate for obtaining subsidy or housing loan on their property. To download the document, the applicant has to upload following documents:

  1. Aadhaar card
  2. Land tax receipts
  3. Proof of ownership of property
  4. Encumbrance certificate
  5. Voter ID card

The applicant can get the possession certificate in seven days from the date of application.

How to download/view ec online in kerala

To facilitate buyers seeking EC status, the Kerala government has enabled this service on the official portal of the state’s registration website. Follow these steps to view the EC status.

*Step 1: Visit Kerala Registration Portal

*Step 2: Scroll down and click ‘View/Download Encumbrance Certificate Online’.

*Step 3: Click on ‘View/Download Encumbrance Certificate Online’.

*Step 4: Enter the transaction ID generated when online payment was confirmed.

*Step 5: Click ‘Check Status’ and view your EC.

How to pay stamp duty and registration fee in kerala

*Step 1: Visit Registration Department portal and scroll down till you find ‘online applications’. Click on this option.

How to search for akshaya centre on e-district?

Step 1: Visit Akshaya Kerala Portal and click on Citizen Services.

Step 2: Click on E-district and search for ‘Possession Certificate’

Step 3: Click on ‘Read more’ and scroll down to find ‘View Akshaya Centres’

Step 4: Select district and municipality to search for the centre

How to verify e-stamp?

Property buyers in Kerala can obtain e-stamps for paying the stamp duty. The option to validate the e-stamp is available on the Kerala property registration site’s home page.

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Step 1: Visit the Kerala property registration portal and scroll down, to find the ‘e-Stamp Verification’ option.

Step 2: Enter e-stamp serial number.

Step 3: The result will be displayed on your screen

I forgot my password for e-rekha portal. can i get a new password or can i change my password?

Importance of encumbrance certificate

  •  An encumbrance certificate can help to establish that the property a buyer buys does not have any liabilities, whether financial or non-financial, such as loans, leases and the like.
  • An encumbrance certificate is required, not only to assume the title of the property officially but also to access details pertaining to different loans like loan against property and the like.
  • An encumbrance certificate helps in the mutation of property.
  • It provides details and updates on land tax records and helps in checking whether taxes are being paid regularly.
  • An EC is useful to deduct or withdraw provident fund for buying a property or constructing a new house.

Is aadhaar card mandatory for property registration in kerala?

Aadhaar card is the most preferred identity proof for property registration in Kerala. However, individuals can use a voter’s ID card or driving license too.

Is pan card important for property registration in kerala?

Yes, PAN card is mandatory for any real estate registration in India and therefore in Kerala.

Kerala’s e-rekha website features for online property related services:

E-Rekha website is the newest introduction by the Kerala Government to maintain state land records online in a digital manner for online property related services. The portal is maintained by the Kerala government, and all details related to land and even old land survey data is maintained properly. Here are some of the salient features of the portal.

  • The digitalisation of all property records is maintained and displayed sequentially and chronologically.
  • The old land survey records and all other lands records in the state are physically kept at the Thiruvananthapuram central office.
  • The records are centrally digitalised and accessible to the revenue department officials and the public.

 See also: All about IGR Maharashtra

Objectives of e-rekha website for online property related services:

The e-Rekha portal has been launched for Kerela online property related services. The main objectives of building the e-Rekha website and digitalisation of old land survey records are as under:

  • Allow landowners in the state to access survey details and records for online property related services.
  • Verify the ownership details and land records digitally from any place at any time.
  • Keeping digital land and property records safely.
  • Protecting the interests of landowners and stakeholders.
  • Bringing transparency in property transactions by making survey records and property ownership details available online.

See also: Kerala land tax online payment

Property registrations in kerala made easier

Now, property buyers in the state can register property transactions at any sub-registrar’s office within a district. Earlier, only district registrars were entitled to conduct the registration of properties falling under the limits of any sub-registrar office in that district. This power has been divested to all sub-registrars now. The move will also reduce the crowd in busy registration offices.

Stamp duty and registration fee in kerala

The Kerala government has allowed usage of e-stamps for document registration, where the stamp duty exceeds Rs 1 lakh. You can buy e-stamp online from the official registration department portal of the state, by following the necessary procedure.

Stamp duty8%
Registration charges2%

Keeping in mind the high property registration charges, the realtors in the state are requesting the state government to cut down the stamp duty charges to 3% and registration charges to 1%, to boost the property market in the state amid the Coronavirus pandemic. Job and income losses due to COVID-19  have dampened the sales of immovable properties in the state.

What are the factors that determine stamp duty charges?

Age of the property: Stamp duty charges are generally calculated on the value of the property. Since the value of older properties is lesser, the stamp duty charges for older properties are also lesser than newer ones.

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Age of the property holder: The age of the property’s owner plays a crucial role in determining the stamp duty charges. Senior citizens generally have to pay lesser stamp duty charges.

Purpose of the property: The type of property also determines the stamp duty rates. Thus, commercial properties have greater stamp duty charges than residential buildings.

Location of the property: Stamp duty charges are also imposed, based on the location of the property. Properties in rural areas or suburban areas have a lower stamp duty charge than those in urban areas.

Amenities in the property: The amenities in a property determine its stamp duty charges. Thus, properties with more amenities like a gym or a swimming pool have higher stamp duty charges. As a result, commercial properties have a higher stamp duty charge than residential properties, as the former has more amenities than the latter.

Gender of the property holder: There are several provisions and subsidies available for women when it comes to stamp duty charges. Women may generally have to pay up to 2% lesser stamp duty charges compared to men.

What does an encumbrance certificate contain?

An encumbrance certificate contains all the transactions that have been made regarding the property in a specific period of time. Individuals can get an encumbrance certificate for up to 30 years. However, if people take an encumbrance certificate for a specific period, they will receive a record of the transactions made during that period only.

What is land mutation?

Mutation of a property is means transferring the title of the property from one person to another. Mutation is must for paying property tax purposes. An application needs to be submitted for mutation together with various relevant documents and also a non-judicial stamp paper of relevant value.

See also: How to check Kerala land fair value

What is survey number for a land property?

The survey number is a unique number given to a piece of land for the purpose of maintenance of land records. The survey number records consist of details of land size, location, ownership, etc.

What is the area of land individuals can own in kerala?

Unmarried individuals can own up to 7.5 acres of land whereas married individuals living in a joint family can own up to 15 acres of land.

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