Encumbrances tied to a property cannot include liabilities incurred by a seller post-purchase, safeguarding purchaser’s rights.

BASANT BALAJI J ======================

W.P. (C) No. 48114 of 2025 ========================

Dated 25^th day of February 2026 JUDGMENT The writ petition has been filed under Article 226 of the Constitution of India .

2. The writ petition has been preferred by a person, who had purchased an apartment from the 8th respondent builder, in an apartment complex by name 'Atlas Celestial Park', through the purchase effected by Ext.P1 sale deed, together with a fraction of the undivided share in the land, common areas and facilities. In the writ petition, the grievance of the petitioner is essentially with regard to Ext.P3 Encumbrance Certificate that was issued to him where, apart from the purchase of the apartment by the petitioner being shown as an encumbrance to the property, subsequent attachments effected at the instance of the revenue, as also at the instance of the various creditors of the 8th respondent builder, have been noted as encumbrances to the property purchased by the petitioner. It is the specific case of the learned counsel for the petitioner that the attachments made through the civil court have since been lifted and what remains now is the revenue attachments consequent to the revenue recovery proceedings initiated against the builder for default of tax amounts. It is the case of the petitioner that these attachments cannot be mentioned in an Encumbrance Certificate pertaining to their property since none of the liabilities shown through the entries point to an encumbrance on their property.

3. I have heard the learned counsel for the petitioner and the learned Government Pleader for the respondent.

4. On a consideration of the facts and circumstances of the case and the submissions made across the Bar, I find force in the contentions of the learned counsel for the petitioner that the encumbrances noted against the builder of the property cannot find mention in the Encumbrance Certificate issued to the petitioner, more so, when the petitioner is not defaulters in respect of any tax. Any default occasioned by the builder, subsequent to the sale of the apartment to the petitioner, cannot prejudicially affect the petitioner’s proprietary rights over the property in question.

Accordingly, this writ petition are allowed by quashing Ext.P3 Encumbrance Certificate, and directing the 3rd respondent to issue fresh Encumbrance Certificates to the petitioners, that do not reflect any of the liabilities of the 8th respondent or any other person, incurred subsequent to the date of purchase of the property by the petitioners. The 3rd respondent shall, while issuing the fresh Encumbrance Certificates, as directed, also make consequential changes in the original records at the Sub Registrar's Office, Angamaly. The 3rd respondent shall do the needful to comply with the directions in this judgment within a period of three weeks from the date of receipt of a copy of this judgment.

BASANT BALAJI, JUDGE