If you have recently purchased a property and noticed that the Encumbrance Certificate (EC) shows a loan under the previous owner’s name, it is natural to feel concerned. So, is this an issue? Who is responsible for clearing that loan – you or the previous owner?
This concern can be resolved by understanding how home loan registration works and how to correctly read the EC.
WHY IT IS IMPORTANT TO VERIFY FINANCIAL ENCUMBRANCE
One of the most important steps in buying property is ensuring that the title is clear of any financial obligations. The EC helps confirm this by listing all registered transactions related to the property, including loans, discharges, and sales.
BASICS OF HOME LOAN REGISTRATION
When a home loan is involved, two key documents may be registered at the sub-registrar’s office:
- Deposit of Title Deed (DTD)
This document is registered when a home loan is sanctioned. It gives the lender (usually a bank) a legal right over the property until the loan is fully repaid.
- Reconveyance Deed (also known as Discharge Deed)
This is the document that proves the loan has been paid in full, and the bank’s claim over the property is removed. It must also be registered at the sub-registrar’s office.
Note: The person who avails the home loan and registers the DTD must also repay the loan and register the Reconveyance Deed. This process completes the loan cycle and clears the property of any lender claims.
REAL-LIFE CASE STUDY: UNDERSTANDING THROUGH AN ACTUAL TRANSACTION
To make this clearer, let’s look at a real transaction step by step
Step 1: Initial Purchase and Loan Registration
In July 2020, Mr. Divyansh purchased a 2BHK flat and registered the Sale Deed. Refer to the EC showing the Sale Deed transaction

On the same day, Mr.Divyansh also registered a Deposit of Title Deed (DTD) with the State Bank of India (SBI), meaning he availed a home loan. Refer EC showing DTD registration with SBI

Step 2: Loan Repayment and Closure
In March 2025, Mr.Divyansh repaid the entire home loan and collected a Reconveyance Deed from SBI. He then registered the Reconveyance Deed at the sub-registrar’s office, officially closing the loan. Refer to the EC showing Reconveyance Deed registration

Step 3: Property Sold to New Buyers
In April 2025, Mr.Divyansh sold the property to Mrs.Babita and Mr.Hemant. Refer to the EC showing the Sale Deed to Babita and Hemant.

Step 4: New Loan by the Buyers (Unregistered)
To finance the purchase, Mrs.Babita and Mr.Hemant took a home loan from HDFC Bank. However, this loan was not registered with the sub-registrar. Instead bank simply collected the original property documents as security.
Note: If the loan had been registered in the sub-registrar office, a new DTD between the new buyers and HDFC would have appeared in the EC.
KEY INSIGHT FROM THIS CASE
- Mr.Divyansh took the loan, registered the DTD, repaid it, and registered the Reconveyance Deed.
- When he sold the property, the EC clearly showed that the earlier loan was closed
- Thus, the new buyers (Babita and Hemant) did not inherit any liability related to the previous owner’s loan.
Note: If the Reconveyance Deed has not been registered, it would indicate that the bank still had a claim on the property – a serious issue for the new owners.
CONCLUSION: WHAT YOU MUST CHECK BEFORE BUYING
Before purchasing a property:
- Always verify the EC to check for any existing DTD
- Ensure the previous owner has cleared the loan by registering the Reconveyance Deed
This protects you from complications and ensures the property is free from any lender claims.
Need Help Verifying the Latest Encumbrance Certificate (EC)?
For assistance in obtaining and reviewing the most recent EC extract, write to us:
- Email: pgnproperties@gmail.com
- WhatsApp / Call: +91-97424 79020