If you need an Encumbrance Certificate (EC) for a property in Maharashtra, here’s a simple step-by-step guide to help you:

Steps to Get an EC in Maharashtra

1. Visit the Sub Registrar's Office:

• Go to your local Sub Registrar's office. This is where you will apply for the EC.

1. Get the Application Form:

• Ask for Form 22, which is the application form for the EC. You can get this form at the Sub Registrar office.

1. Fill Out the Form:

• Complete the form with all the required details about the property and yourself.

1. Submit the Form:

• Submit the filled form along with:
• Non-judicial stamp paper
• Required documents
• The reason for needing the EC

1. Pay the Fees:

• Pay the fees for the EC as mentioned at the time of submission. The fee depends on where you apply.

1. Receive an Acknowledgement Receipt:

• After submission, you will get an acknowledgment receipt with an ID number. Keep this receipt safe as it is proof of your application.
  

Documents You Need

To apply for an EC, you will need the following documents:

• Proof of your residence
• Identity cards like Aadhaar, PAN card, and ration card
• Address and details of the property
• Copy of the sales deed (any deed related to the land, whether recent or old)
• Purpose of the EC request
• Period for which you need the EC
• Copy of the power of attorney if someone else is applying on your behalf

Eligibility Criteria

To apply for an EC in Maharashtra, you should meet these conditions:

• You must own the land or property for which you are applying.
• If someone else is applying on your behalf, they must hold a valid power of attorney.

Important Notes

• Processing Time: The EC usually takes between 15 to 30 days to be issued after you apply.
• Language: The EC is issued in the regional language. If you need it in English, there will be an extra fee for translation.

You can obtain your Encumbrance Certificate easily by following these steps

1. Ownership & Title Documents

Mother Deed Check and Original Title Deed

Verify the full ownership chain (at least 30 years, if feasible).

Verify that all documents have the same names, survey numbers, and plot details.

Check to see if he has the complete legal authority to sell the property. 

2. Encumbrance Check

Get an Encumbrance Certificate (EC for at least 30 years.

There are no mortgages, liens, loans, court orders, or attachments

Verify with the records of the SRO

3. Property Tax & Bills

Property tax receipts are updated.

Request the last 3–5 years' tax payment history

Check for pending dues: electricity, water, society charges, maintenance

4. Verification of Land & Plot

Verify land classification: non-agricultural, NA-residential, NA-commercial, etc.

Check government records for restricted / acquisition zones

Verify property is not under forest land, ceiling land, grazing land, or CRZ restrictions

Check F-Line 7/12 Extract, Property Card, Mutation Entries

5. Legal Clearances

Confirm Approvals from Town Planning Department

Ensure that the approved plan/development permission is current

6. Verification of Seller's Identity

Verify the seller's PAN, Aadhaar, passport, and address proof

If co-owned, check consent from all co-owners

If a Power of Attorney is used, ensure:

• It is registered
• Seller is alive
• POA is specific to the property and valid

7. Verification against Government Records

Property matches records in the local revenue office

Verify mutation entries for accuracy, and update them

Confirm the property is not marked as disputed / government-owned / encroached

8. RERA Check (If Applicable)

Check the project and builder on the RERA website

Check:

• Approvals
• Project status
• Complaints
• Background history of litigation

9. Affidavit of Title

Obtain a legally notarised Affidavit of Title from seller

10. Physical Verification

Examine property lines with a certified surveyor

Verify that the fencing corresponds to the survey numbers.

Consult your neighbours for firsthand confirmation.

Check for disputed pathways or encroachments. 

11. Lawyer Review 

All documents to be verified by a property lawyer

Get a written Title Search Report 

Certificate of Legal Clearance Final Step: Safe Payment 

Make payments only through bank transfer 

Never pay without an Agreement to Sell 

Register the property immediately after payment

What does the term Vahivat mean?

Vahivat (or Vahiwat) means possession, use, or management of land. It refers to someone who controls and uses a piece of land, even if they are not the legal owner.

How is Vahivat different from ownership?

Vahivat    Ownership

Actual use/possession, Legal title in records

May manage or cultivate land. Has full legal rights to transfer, sell, or mortgage

Not always permanent or official. Officially recognised and documented

A person can have vahivat of land without being its registered owner.

Who is a Vahivatdar?

A vahivatdar is the person who physically controls the land, manages, or cultivates it

• May collect profits/produce
• May lease or administer the property

They are users or managers of the land, not necessarily owners.

Is Vahivat recorded in government documents?

Yes.In cases where ownership is unclear or disputed, revenue officials sometimes record the possessor’s name under:

• “Jungle Vahivat” – for forest or uncultivated land
• “Vahivatdar” column – for land under someone’s management or possession

This acknowledges de facto (actual) possession, even if ownership is not settled.

Does Vahivat give legal ownership rights?

No, vahivat alone does not give ownership.

However, long-term, continuous possession may be used in court for claims like adverse possession.

Can Vahivat affect land disputes?

Yes. Vahivat becomes important in cases related to:

• boundary disputes
• Inheritance of land in possession
• long-standing agricultural use
• claims on unused or government land
• establishing common public access routes

Courts often examine who had actual possession for how long.

What is a “Vahivat Road”?

A vahivat road is a path or road used by people for many years—

even if it passes through private land.

Long-term public use can make it recognised as a public right-of-way.

Can a Vahivatdar sell the land?

Generally, no, unless they also have legal ownership.

A Vahivatdar may:

• ✔ use the land
• ✔ manage it
• ✔ lease it (in some cases)

But cannot legally sell, mortgage, or transfer without proper title.

Why does Vahivat still matter today?

It matters for:

• Old revenue records
• rural land usage patterns
• boundary clarification
• disputes over long-term possession
• determining public access routes
• historical occupancy rights

Many villages still use the terms in everyday land-related discussions.

Why are Vahivat maps becoming an issue?

Because authorities are modernising land records.

Old vahivat-based maps often lack legal clarity.

This is why departments (like in Pune district) are cancelling old vahivat surveys and demanding proper re-measurement.

1. Understand the Land Category

• Before investing in land, identify the type of land you're buying.

• Types of Land include in Karnataka are residential plots and agricultural plots.

• Converted land refers to agricultural land that has been legally converted for residential/commercial use.

• Revenue sites: usually hazardous, without approvals.

What You MUST Check

• Check that land use fits your purpose.

• Ask for a DC Conversion certificate for non-agricultural use.

• Avoid unconverted or illegally converted land.

2. Ownership and Title Details Verification

• Essential Ownership Checks

• Obtain the Mother Deed/Title Deed.

• Verify chain of ownership for 20–30 years.

• Confirm whether the property is jointly owned.

• Obtain signatures from all owners/co-owners on the sale agreement.

Warning signs

• The original title deed cannot be produced by the seller.

• Disputes between family members.

• Abrupt ownership changes just before the sale. 

3. Check Legal Clearances & Documents

• Encumbrance certificate

• Khata Certificate / Khata Extract 

• Tax Receipts

• Sale Agreement draft 

• Verify Layout Approvals

• Ensure layout is approved by:

• BDA: Bangalore Development Authority

• BBMP / Municipal Corporation

• Gram Panchayat with proper document

Avoid

Unapproved layouts, plots without official survey numbers and plots based only on notarised documents.

4. Check Encumbrances & Liabilities

What to Check

• The outstanding bank loans on the land.

• Cases filed in the courts or pending disputes.

• Legal claims by relatives or tenants.

• How to Check

• Obtain the EC from the Sub-Registrar Office.

• Check online on the Karnataka land records portal.

5. Understand the Location & Infrastructure

Site-Level Checks

• Ensure the plot has legal road access.

• Match plot boundaries with survey sketch.

• Ensure road width as promised.

• Look for drainage, sewage and electric poles.

• Locality Factors

• Close to schools, markets, and hospitals.

• Water availability: Groundwater levels vary in Karnataka.

• Distance from highways and growth zones.

• Avoid Plots Near

• Lakes or lake buffer zone (highly protected).

• Forest areas or government lands.

• High-tension electrical lines.

6. Confirm Market Value & Pricing

• Compare with the prices of surrounding properties.

• Check the government guidance value or stamp duty value.

• Understand the future development plans for the area.

Be Cautious Of 

• Very low-cost plots - often illegal.

• Pressure sales (“book today or price will increase”).

7. Registration & After-Purchase Formalities

• Get the sale deed registered at the Sub-Registrar's office.

• Pay the stamp duty and registration fees correctly.

• Apply for a Khata transfer to your name.

• Start paying property tax after registration.

• Keep Copies Of

• Registered sale deed

• EC after registration

• Payment 

• All previous owner documents

8. Common Mistakes First-Time Investors Make

• Purchasing plots based on brochures without verifying the approvals.

• Not checking on EC and Khata.

• Buying revenue sites based on the expectation that they will "get approval later."

• Paying a token/advance prior to document verification. Not physically visiting the plot multiple times.

Non-Resident Indians (NRIs) are increasingly looking at non-agricultural (NA) plots in India as a stable and high-growth investment. These lands are legally approved for residential or commercial use, making them far more accessible to NRIs than agricultural properties.

But what exactly can an NRI buy? What rules apply? And how can you safely complete the purchase from abroad?

Here’s a simple guide.

1. NRIs Can Buy NA (Non-Agricultural) Land Without Special Permission

NRIs are allowed to buy non-agricultural land in India.

No special approval from the Reserve Bank of India (RBI) is required.

This includes:

• Residential NA plots
• Commercial NA plots
• Approved layouts in township or plotting projects

NA land is fully legal for NRI purchase and is treated the same as buying residential/commercial property.

2. Payment Rules for NRIs Buying NA Plots

NRIs must follow banking rules under FEMA. Payments can be made only through:

• Inward remittance from abroad
• NRE account
• NRO account
• FCNR account
• Cash payments are not allowed.

This creates transparency and helps with future repatriation of funds.

3. Properties NRIs Cannot Buy

NRIs are restricted from buying:

• Agricultural land
• Farmhouses
• Plantation land

These can only be owned if the NRI inherits them or receives them as a gift.

So, for new purchases, only NA land is allowed.

4. Power of Attorney (POA) Helps If You’re Abroad

If the NRI is not in India during the transaction, they can give a Power of Attorney to a trusted relative, friend or a professional representative.

The POA holder can legally carry out tasks like signing agreements, completing paperwork, and handling registration formalities.

5. Legal Due Diligence: The Most Important Step

Before buying any NA plot, NRIs must confirm that the land is officially converted from agricultural to non-agricultural by the authorities.

✔ Title and Ownership

Check title deeds to ensure the seller has the legal right to sell.

✔ Encumbrance Certificate (EC) for 30 Years

This confirms the land is free from legal disputes or loans.

✔ Approvals & NOCs

Look for:

• Layout approval
• Local authority permissions
• Tax receipts
• Completion certificates (if applicable)
  
• A clean plot saves you from trouble later.

6. Repatriation Rules: What Happens When You Sell?

When an NRI sells an NA plot:

• If purchased using NRE funds
• The original investment amount can be repatriated abroad in foreign currency.
• If capital gains are earned
• The profit must first be credited to an NRO account.
• Repatriation is allowed but within RBI limits.
• If purchased using NRO funds

Repatriation is limited to USD 1 million per financial year, including all assets and income.

7. How Non-Resident Indians Purchase a NA Plot in India

Step 1: Verify that the land is NA

Step 2: Designate a POA (useful but optional)

A general power of attorney facilitates the process.

Step 3: Conduct exhaustive due diligence

To verify documents, approvals, and land history, speak with a legal professional.

Step 4: Put a Sale Contract into Action

This needs to be signed and stamped by the POA holder or both parties.

Step 5: Transfer money through approved channels.

Use NRE/NRO/FCNR accounts or inward remittances. 

Step 6: Register the sale deed

To complete ownership, pay stamp duty and registration charges.

Conclusion

Buying NA plots is one of the simplest and safest real estate investments that NRIs can make in India. With no need for special RBI approval and clear guidelines under FEMA, NA land offers strong potential for appreciation, development, and future returns.

As long as you verify the land status, ensure clean paperwork, and follow proper banking channels, purchasing an NA plot becomes a smooth and secure process for any NRI.

1. Foreign Exchange Rules

• NRIs must follow the FEMA (Foreign Exchange Management Act when investing.
• They can generally buy residential or commercial property, but not agricultural land.
• Inheritance or gifts of property are allowed, even for NRIs.
• Court permission may be needed in very specific cases for farm or agricultural land.

2. Tax Implications

• When selling the property within 2 years, any profit is treated as short-term capital gains — taxed at 30%.
• If the property is sold after 2 years, it falls under long-term capital gains, and the tax rate is 20% (after adjusting for inflation).
• The tax for long-term gains needs to be paid on the full sale value first; later, you can claim a rebate based on the indexed cost.

3. Picking the Right Type of Property

• NRIs should decide whether they want residential or commercial property, depending on their goal (rent-earning, capital growth, personal use).
• Residential properties are currently more popular and in demand, but commercial real estate in good locations can yield strong rental returns.
• It's safer to invest with reputed and trusted builders — check for certifications, government approvals, and track records.

4. Using Power of Attorney (POA)

• Since NRIs may not always be physically present in India, they can appoint a Power of Attorney (POA) to manage the property.
• Choose a trusted person (family or professional) as POA to oversee payments, maintenance, or legal matters.
• Ensure the POA document is legally sound and follows all government compliance to avoid future disputes.

5. Home Loan Options

• NRIs can take home loans in India — typically up to 80% of the property value.
• It’s recommended to use an NRE account when applying for the loan.
• After selling, loan repayment or proceeds can often be managed through NRE / NRO accounts, making it simpler to move money.

Why It’s a Good Time to Invest

• Real estate offers diversification compared to stocks or crypto.
• With research and compliance, NRIs can tap into India’s real estate market and gain from capital growth or rental income.