In India, Property fraud cases are not a new thing and lakhs of people are suffering from this major problem. Many times when people buy a house they enquire it from the seller that whether the property he is selling is free from any encumbrances, charges, mortgage,etc or not.

If the seller is genuine he will tell you the truth but if he has an intention to defraud you, then you cannot do anything except asking the help of an expert. But going for the help of an expert is an expensive task and time consuming.

Therefore with above background We will explain you in this article that how you can obtain the loan/mortgage details of any property in Just Rs 12 from CERSAI Website.

First of all we should understand CERSAI

CERSAI known as Central Registry of Securitization Asset Reconstruction and Security Interest of India is a company of the Central Government in which the government holds 51% stake and rest is held by National Housing Bank and some Public Sector Banks. It was registered in the year 2011 as a Non-Profit Organization basically to protect and safeguard the interest of Lenders and Property Buyers against any frauds.

Before formation of CERSAI what happened was that both the banks and property buyer incurred huge losses due to frauds.

HOW FRAUDS WERE DONE…..?

1) WITH BANKS – The frauds  mostly happened in Equitable Mortgages i.e Mortgage by Deposit of Title Deeds. In Equitable Mortgage  the borrower takes loan from a financial institution by mortgaging his original title deeds with the institution but there is no need to register such mortgage with the Sub-registrar office as opposite to Registered Mortgage in which the registration of transaction is mandatory.

Therefore it opened a way for the unethical customers who capitalized this lacuna in to an opportunity. Certain fraudulent person obtained another loans from many banks on the same property without informing them about existing loans.

Availing loan on the same property from multiple lenders is not bad but without informing others is a malpractice. If the property coverage is sufficient to cover entire exposure or if the first banker doesn’t have any objection then there is no issue. But keeping the other lenders in isolation is an offence and categorized as “FRAUD”.

So due to such malpractices on the part of borrowers banks incurred huge losses and a need was felt to design a system which can trace such frauds on  a real time basis.

As we have understood how fraud was done with lenders now we shall discuss about Property Buyers

2) WITH PROPERTY BUYERS– When you plans to purchase a property you visit a prospective seller and ask him all the details about the property including any loan pending on such property or not.

There are very less chances that seller will tell you the truth unless he is an ethical person. So what happened was mostly individual home buyers were trapped by some dishonest sellers. The buyers were not informed about the loan pending on the property they have purchased and it ended up in unnecessary legal tussle to the genuine buyers.

Hence to overcome these fraudulent activities and to save the interest of lenders as well as buyers an Online Mechanism was introduced in the year 2011 by bringing CRESAI.ORG.IN a very reliable website of the government of India.

It is a website through which any person can trace the details of property by paying a fee of Just Rs 11.80 to government. Every bank and financial institution is under an obligation to report every kind of mortgage created through lending within 30 days of  its creation.

The government has made it very easy for the other banks and Public at large to download the report of loan existing on any property in a real time basis.  

In beginning the facility was introduced only for certain kinds of mortgages on immovable property but later it was extended for every kind of mortgage on immovable, movables, intangibles and factoring transactions.

HOW TO DOWNLOAD THE REPORT ….?

It is a very easy task and you can do it in just 5 minutes by paying Rs 11.80 to CERSAI.

Step 1- After visiting CERSAI website go to Public Search on Home Page .

Step 2- Three tabs will appear under search section- Asset Based Search, Debtor Based Search and Vehicle Based Search. You can opt them as per your requirement and download the report.

CONCLUSION

Learning from the past the government took the right step in the year 2011 to mitigate the risk of the bankers as well as the property buyers. It is just a beginning to enhance fair governance across the real estate and financing sectors and a lot to be done for continuous improvements .  

DISCLAIMER

Absolute Care is taken to Prepare this Article however inadvertently if any errors occurs then Author shall not be held responsible for any such cause. The Article is for understanding purpose only and shall not be construed as a substitute for any Professional Advice. Further the Content is an original work of the Author and it shall not be used without written Permission. Author also thanks the readers of this article.

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Qualification: CS
Company: www.paisalawgic.com
Location: Delhi, New Delhi, IN
Member Since: 23 Oct 2019 | Total Posts: 10
A Company Secretary and a Post Graduate in financial administration having working hands in Investment Banking, Manufacturing Sector and Company Secretarial Practice. View Full Profile

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