Encumbrances — बोझ और रोक

What an encumbrance is

बोझ का मतलब

An encumbrance is a right or liability that attaches to the land itself. That is the whole idea and the whole danger: it does not follow the seller out of the door. If a parcel is mortgaged, sold to you, and the borrower vanishes, the mortgage is still on the parcel. You did not take on his debt personally — but the security stands against the land you now hold.

This is why the enquiry is called a search. You are not asking the seller what liabilities exist. You are looking for them in the places they get recorded, on the assumption that you will not be told.

The types you will meet

किस-किस तरह के बोझ

रहननामा — mortgage

Land given as security for a debt, by registered mortgage deed. It should appear in the remarks column of the jamabandi and it will appear in the registration records. A mortgaged parcel can be sold, but the mortgage must be discharged and the discharge recorded — not merely promised.

Bank charge and agricultural credit

Where a holder has taken agricultural credit against the land, a charge may exist. These are not always visible in the revenue record. Ask directly, ask for a no-dues position from the lender, and treat a vague answer as an answer.

Court stay or injunction

Where litigation is pending, a court may restrain transfer. Land under a stay does not move, and a deed executed in the face of a stay creates a problem rather than a transfer. Stays may be noted in the remarks column, but a recent order may not yet have reached the record.

Attachment — कुर्की

Land attached in execution of a decree or a recovery proceeding. As with a stay, the attachment binds the land.

Pending revenue appeal

Level 1, Lesson 5 covered the revenue appellate structure. A live appeal against a mutation or an entry means the recorded position is not settled. Sellers will describe this as a formality. It is not.

Tenancy and recorded occupation

Where someone other than the holder has a recorded interest in cultivating the land, that interest may survive a sale. The girdawari in Lesson 3 is where the first sign of this usually appears.

Restrictions from the source of the holding

Where land came from an allotment under a scheme, conditions may restrict transfer for a period or require permission. Level 3 covers restricted categories in detail.

Family claims not yet on any record

An unmutated inheritance, an informal partition, a share held by an heir nobody mentions. These are not encumbrances in the technical sense but they behave like them, and they are the hardest to find because no register holds them.

Where each is searched

कहाँ-कहाँ खोजें

A search of registered transactions is obtained through the registration department at the Sub-Registrar's office. Availability, format, period covered and procedure vary and change — confirm the current position at the office or on official gov.in / nic.in sources. An advocate normally conducts this search as part of title investigation.

The publication step

सार्वजनिक सूचना

Where a transaction is substantial, advocates commonly publish a public notice inviting claims against the property before completion. It is not a guarantee — it does not defeat a valid claim that arrives later — but it does two useful things: it surfaces claimants who would otherwise wait until after the sale, and it evidences that the buyer enquired properly. Whether it is worth doing is a judgement for the advocate on the size and history of the deal.

The search sequence

जाँच का क्रम

1. Jamabandi — read the remarks column and get every notation explained.
2. Girdawari — check who is recorded as cultivating and for how long.
3. Mutation history — trace the references and check for objections and appeals.
4. Registered transactions — search at the Sub-Registrar for the relevant period.
5. Court check — establish whether anything is pending, through an advocate.
6. Lender check — ask directly about credit against the holding and get the position in writing.
7. Village enquiry — talk to neighbours and to the Patwari about the family and the history.
8. Advocate's opinion — have the whole set reviewed by someone qualified before any substantial payment.

Steps one to three you can do yourself once you have finished this level. Steps four and five need an advocate. Step seven is the one that most often turns up what the registers missed, and it costs nothing but a morning and some courtesy.