**A sample PDF of the Affidavit is attached at the end.
Why this affidavit is used
- To declare ownership of a property/land.
- To confirm that the property is free from all encumbrances (mortgage, lien, loan, court case, acquisition notice, or any pending claims).
- To provide a self-declaration of clear title when selling, mortgaging, or leasing property.
- To give comfort to banks, buyers, or authorities that there are no hidden disputes on the property.
When it is used
- Property sale/transfer – Seller gives this affidavit to the buyer as a declaration of clear title.
- Bank loan/mortgage – Banks demand it before sanctioning home/land loans to ensure the property is not disputed.
- Government allotments/approvals – For building permits, land conversion, or allotments (e.g., housing boards).
- Legal disputes – To place on record in court that property is free of encumbrances.
- Mutation/registration – Sometimes required during mutation or name transfer in revenue/municipal records.
Purpose
- To assure third parties (banks, buyers, govt. authorities) about the clean title of the property.
- To act as a sworn legal statement protecting the interests of those dealing with the property.
- To serve as an additional safeguard along with the Encumbrance Certificate (EC) from the Sub-Registrar's office.
Other Important Points
- It is different from the Encumbrance Certificate (EC) – EC is an official record from the Registrar; an affidavit is a self-declaration by the owner.
- Usually executed on non-judicial stamp paper and notarised/attested.
- False declaration can attract perjury charges and civil/criminal liability.
- Often accompanied by title deeds, mutation records, and tax receipts.
FAQs
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Q1. Who can issue a Non-Encumbrance Affidavit?
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Only the owner(s) of the property.
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Q2. Is this affidavit a substitute for an Encumbrance Certificate (EC)?
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No, EC is an official govt. record; this affidavit is only a sworn personal declaration. Both are usually required.
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Q3. Why do banks insist on this affidavit if they already get an EC?
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Because EC only covers registered transactions. A self-declaration adds protection against hidden disputes, pending litigation, or unregistered claims.
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Q4. What happens if later an encumbrance is discovered?
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The owner may face legal action for false declaration; banks or buyers may also cancel transactions.
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Q5. Is it mandatory for property sales?
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Not always, but many buyers and banks demand it as an extra safeguard.
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Q6. Does this affidavit prove ownership?
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No. Ownership is proved by title deed, mutation, and tax receipts. An affidavit only confirms the property is free from legal/financial burdens.
Downloads & Resources
Legal Affidavit Document
NON-ENCUMBRANCE AFFIDAVIT
I/We ___, ___ of Shri ___, resident of ___, do hereby solemnly affirm and state on oath as under:
- That the deponent(s) is/are the owner(s) in respect of land/property measuring ___ in Sy. No. ___ situated in ___ Village, ___ Taluk, ___ District.
- That the said land/property is owned by the deponent(s) vide ___ deed dated ___, registered with Sub-Registrar Office at ___ vide document No. ___ dated ___, entered in Book No. ___, Volume No. ___, on pages ___.
- That the aforesaid property is duly mutated in the name of the deponent(s) in the revenue records, and the possession of the same is also with the deponent(s).
- That the said land/property is free from all encumbrances, claims, and demands and is not subject to any charge, lien, trust, attachment, acquisition, requisition, court proceedings, or any other legal impediment. The title deed of the said property is in the possession of the deponent(s), and the property has not been earmarked or reserved by any authority.
DEPONENT(S)
VERIFICATION
I/We ___, the above-named deponent(s), do hereby verify that the contents of paragraphs 1 to 4 of the above affidavit are true and correct to the best of my/our knowledge and belief, and no part of it is false and nothing material has been concealed therefrom.
Verified this ___ at ___.
DEPONENT(S)
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