Encumbrance Certificates and Mortgage Checks in India
An Encumbrance Certificate lists the registered transactions affecting a property over a stated period, issued by the sub-registrar. Its critical limitation is that it only shows what was registered with that sub-registrar: an equitable mortgage created by deposit of title deeds is not a registered instrument and will not appear on the EC at all. Detecting that class of charge requires a separate CERSAI search. A property can therefore hold a clean EC and still be mortgaged.
All encumbrance & mortgage guides
Frequently asked questions
- What does an Encumbrance Certificate not show?
- An EC does not show equitable mortgages created by deposit of title deeds, unregistered agreements, tax arrears, pending litigation, or oral tenancies. It only reflects instruments registered with that sub-registrar during the period searched.
- What is the difference between Form 15 and Form 16?
- Form 15 is issued when registered encumbrances exist on the property for the period searched and lists them. Form 16 is a nil-encumbrance certificate, issued when no registered transaction is found for that period.
- Why do I need a CERSAI search if I have an EC?
- Because an equitable mortgage by deposit of title deeds requires no registration and so never reaches the EC. CERSAI is the central registry where lenders file such charges, making it the only reliable way to surface them.
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