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Non-Encumbrance Affidavit

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Also called

  • Affidavit of Non-Encumbrance
  • No Encumbrance Affidavit
  • Encumbrance Affidavit
  • Affidavit cum Declaration of Non-Encumbrance
  • Free from Encumbrance Affidavit
  • Nil Encumbrance Declaration
  • Affidavit of No Mortgage or Charge
  • No Lien Affidavit

When you need it

For selling, pledging as loan security, or a society/authority transfer, when the other side wants sworn confirmation nothing is charged against the property. Narrower than a title affidavit (encumbrances only) — and covers what an Encumbrance Certificate can't: a mortgage created by simply handing over title deeds is registered nowhere.

Whether you can fill this in here

You can fill this in here

You can fill this one in on this site, and read the whole draft on screen before you decide anything about it. It is a carefully drafted template; it is not advice about your own facts.

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See stamp duty, registration and witnesses

What follows is the position for this kind of document. The amount is set by the state the property is in and it changes, so the figure for your own state is worth confirming at the sub-registrar’s office before you pay anything.

Stamp duty

Chargeable under Article 4, Schedule I (Affidavit) of the State's stamp law — nominal everywhere, roughly Rs 10–100 (Maharashtra Rs 100 under Art.4; Delhi/UP/Haryana/West Bengal ~Rs 10, though vendors often issue a Rs 100 e-stamp anyway; Karnataka/TN/Telangana/AP/Gujarat Rs 20–100 — check the current State schedule). Over-stamping is harmless; under-stamping makes it inadmissible and impoundable until duty plus penalty is paid (s.35). This affidavit ALSO carries an indemnity (clause 10, uncapped, surviving completion, binding the deponent's heirs) — a distinct chargeable matter (s.5: aggregate duty for distinct matters; s.6: the higher of two applicable duties), so several States assess an affidavit-cum-indemnity at the higher indemnity-bond rate (Art.34, Indian Stamp Act 1899; e.g. Art.35, Maharashtra Stamp Act 1958, Rs 500) rather than the nominal Art.4 rate. Ask the vendor/Collector which applies, and stamp at the indemnity rate if in doubt. e-stamp via SHCIL (Delhi, Karnataka, Gujarat, TN, UP, Rajasthan) or the State's own portal (Maharashtra: GRAS/e-SBTR), in the deponent's own name. Stamp paper does not expire after six months (Thiruvengada Pillai v. Navaneethammal, 2008 — s.54's six months is only the refund window). Art.4's exemptions (court filings, pension/charitable-allowance affidavits, armed-forces enrolment) do not cover a buyer/bank/society affidavit.

Registration

Not registrable — s.17 catches instruments creating/assigning/extinguishing a property right; this only states existing facts. But drafted to give something up ('I relinquish my share'), it becomes a title declaration needing registration/stamping as a release or settlement — s.49 makes an unregistered version inadmissible. Stay on the safe side: don't add relinquishing language, use a release deed instead. Not a substitute for the EC, title search or sale deed — commonly annexed to the sale deed at registration, or the bank's loan file. For mutation, a notarised copy is usually accepted; a few authorities want the original.

Notarisation

The one formality that isn't optional — unsworn, it's worthless. Sworn before a Notary (Notaries Act 1952 s.8(1)(a)), an Oath Commissioner, or, for a civil filing, an officer under CPC s.139. The deponent appears in person with original photo ID and signs before the notary, not at home and carried in. The notary seals it and enters it in the notarial register with a serial number — get that written on the affidavit; a small fee applies. Abroad: swear before an Indian consular officer, or a local notary with an apostille (India is a Hague Apostille party) — neither is routinely refused by Indian banks/sub-registrars. Notarisation only attests the deponent swore this; it doesn't verify title.

Witnesses

None required by law — proved by signature and jurat, not attestation (the two-witness rule, Transfer of Property Act ss.59/123, covers mortgages/gifts, not affidavits). Banks/societies often ask anyway — use two adult non-parties, unrelated to the deponent, with name/address/phone recorded. Two extras: an illiterate/non-reading deponent needs certification (in the jurat) that contents were read/explained/understood; signing for a company/LLP/HUF needs the board resolution or kartaship evidence attached.

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AFFIDAVIT OF NON-ENCUMBRANCE

Sworn declaration that the property described in the Schedule is free from all encumbrances

To be engrossed on non-judicial stamp paper or an e-stamp certificate of the value prescribed for an affidavit in the State where it is sworn, and then sworn before a Notary Public or an Oath Commissioner.

E-stamp certificate number: IN-MH28674591234567X

Sworn at Mohali on 2 April 2026

I, Mr. Sanjay Kumar Sharma, son of Late Shri Ram Prasad Sharma, aged 54 years, by occupation Business, resident of Flat 12B, Shanti Apartments, Sector 15, Chandigarh 160015, identified by Passport No. Z1234567 issued at Chandigarh, PAN ABCDE1234F, do solemnly affirm and state on oath as follows.

1. Who I am, and why I am making this affidavit

1.1 I am the sole and absolute owner of the Property and am fully competent to make this affidavit.

1.2 The property this affidavit is about is described in the Schedule at the end. I call it the Property.

1.3 I am making this affidavit for the use of Mr. Vikram Rao Joshi, whom I call the Recipient, in connection with the proposed sale of the Property by me to the Recipient, and to satisfy the Recipient that the Property is free from encumbrances before the sale deed (bainama) is executed and registered.

1.4 I know that the Recipient is going to act on what I say here and part with money, or with a valuable right, in reliance on it. I make every statement below with that squarely in mind.

2. How I hold the Property

2.1 I acquired and hold the Property as follows: I purchased the Property from Mr. Deepak Ramesh Kulkarni by a Deed of Sale dated 12 March 2016, registered at the office of the Sub-Registrar, Mohali, at Serial No. 3241/2016 in Book No. 1 on 14 March 2016. It has since been mutated in my name in the Society's records under Transfer Order dated 2 April 2016 and in the property tax records of the Municipal Corporation of SAS Nagar (Mohali) under Property No. MC/SEC82/1187/703.

2.2 My title to the Property is clear, marketable and free from reasonable doubt. I have done nothing, and so far as I know and believe nobody through whom I claim has done anything, by which that title is or could be affected.

2.3 The original title deeds and documents of the Property are today in my own custody at my residence at the address given above. Clause 8 below says a great deal more about this, and it matters far more than it looks.

3. The Property is free from encumbrances

3.1 The Property is free from every encumbrance. There is no mortgage, charge, lien, hypothecation, pledge, attachment, court order, security interest, arrear or third-party claim of any kind subsisting against it or against any part of it.

3.2 Save only as expressly disclosed elsewhere in this affidavit, and to put the position beyond argument, I state that as on today:

What this document is for

An owner selling a property, offering it as loan security, or getting it transferred in a society’s or authority’s records, swears this so the other side has sworn confirmation that nothing is charged against it — no mortgage, no lien, no pending court case, nothing owed that could attach to the property. It is narrower than a full title affidavit: it is specifically about what is, and is not, charged against the property today.

It exists because a buyer, a bank or a society cannot always find every claim against a property just by searching the registry. An Encumbrance Certificate only shows what was actually registered, and some of the claims most likely to catch a buyer out — a mortgage created simply by handing over the title deeds, an heir’s claim, a society’s lien for unpaid dues — are never registered anywhere at all. This affidavit is the owner’s own sworn word filling that gap.

Before you rely on this — an Encumbrance Certificate does not show everything

A mortgage created by simply handing over the original title deeds to a lender, with the intention of creating security, is a real and fully valid mortgage under the Transfer of Property Act, 1882 — and it needs no deed, no stamp paper and no registration to exist. It follows that it leaves no trace whatsoever on an Encumbrance Certificate, however clean that certificate looks. This is precisely the gap this affidavit is written to cover, which is why it asks the owner directly where the original title deeds are today, and why that single answer matters more than it looks.

A handful of other real claims work the same way — a short lease or licence that needs no registration, arrears of tax or society dues that become a charge by operation of law, an heir’s or family member’s claim, a pending court case not yet reflected anywhere official. None of these shows up in a registry search either. A buyer or lender relying on this affidavit is relying on the owner’s honesty about exactly these things, not on anything a certificate could have caught instead.

Stamp paper and registration

Stamp paper needed

Yes

Typical stamp duty — Punjab

Ask us — The template this affidavit is grounded in gives a general Rs 10 to Rs 100 range for the ordinary Article 4 affidavit rate, with examples from several other states, but does not name a Punjab figure specifically. It separately flags that this affidavit’s own indemnity clause can push the correct rate to a higher indemnity-bond charge instead of the nominal affidavit rate in some states. Ask the stamp vendor or Collector which applies before buying stamp paper.

Typical stamp duty — Chandigarh

Ask us — The same gap applies to Chandigarh — it is not among the states the template names a figure for, and the same indemnity-clause complication applies there too. Confirm the current position, and which rate the indemnity clause attracts, before buying stamp paper.

Registration at the Sub-Registrar

No — Not registrable as this document is drafted — it states existing facts rather than creating, assigning or giving up any right, so section 17 of the Registration Act, 1908 does not reach it. It would need registering if it were reworded to relinquish an interest instead — which is exactly why this affidavit avoids that kind of language, and a release deed is the right document for that.

Notary or witnesses

Notarisation is the one formality that is not optional here — an unsworn version carries no weight at all. No witnesses are required by law, though banks and housing societies often ask for two anyway.

What you will need before you start

  • Your full name exactly as on the title deed, your parentage, age, address and a photo ID
  • A full description of the property copied from the title deed, with boundaries, and how you came to hold it
  • Where the original title deeds are physically kept today — this is the question the whole affidavit turns on
  • A clear, honest position on whether anything at all is currently charged against the property, and full particulars of any loan being cleared as part of this transaction
  • An Encumbrance Certificate for the property, ideally for at least thirteen years and up to thirty, or the search report your state issues instead
  • The position on society dues, on who is currently in possession, and on any pending court case or notice touching the property

Common mistakes

  • Swearing that the property is completely free of encumbrance while a loan is still running against it, however confident the owner is that it will be paid off shortly.
  • Treating a clean Encumbrance Certificate as proof there is no mortgage by deposit of title deeds, when that kind of security is never registered anywhere a certificate would show it.
  • Getting only one co-owner to swear this affidavit where the property is jointly owned — an affidavit from one of several owners does not clear the whole property.

Questions people ask before using this document

How much stamp duty does a non-encumbrance affidavit need in Punjab or Chandigarh?

We do not state a confirmed figure for either place. The nominal Article 4 affidavit rate runs from about Rs 10 to Rs 100 in the states this document names, but Punjab and Chandigarh are not among them, and the affidavit’s own indemnity clause can separately push the correct rate higher in some states. Ask the stamp vendor or Collector which rate applies before buying stamp paper.

Does an Encumbrance Certificate make this affidavit unnecessary, or does this affidavit replace the certificate?

Neither replaces the other; they cover different ground. An Encumbrance Certificate lists what was actually registered against the property at the Sub-Registrar’s office. This affidavit covers what a certificate can never show — most importantly, a mortgage created simply by handing over the original title deeds, which needs no registration to exist. A careful buyer or bank wants both, not one instead of the other.

Is this the same as a full title verification or title search?

No — it is narrower. This affidavit is specifically about encumbrances: whether anything is charged against the property today. A full title check goes further, into the whole chain of ownership going back years, and is usually a separate exercise a buyer’s or bank’s own lawyer carries out alongside this affidavit, not instead of it.

Do I need to register this affidavit or have it witnessed?

No to both, as this document is drafted — it states existing facts rather than creating or giving up any right, so it does not need registering, and no witnesses are required by law. Notarisation is the one step that genuinely cannot be skipped; an unsworn affidavit carries no weight at all.

What happens if something I swear to in this affidavit later turns out to be false?

Beyond the general legal consequences of a false sworn statement, this particular affidavit also carries its own indemnity clause, under which the person swearing it agrees to make good any loss the other side suffers because a statement in it was false or incomplete. That indemnity is a serious, real commitment, not a formality — read it as carefully as the factual statements themselves before you sign.

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