Encumbrance - Indian Laws - General

Meaning of word Encumbrance In State of Himachal Pradesh v. Tarsem Singh and Ors.- 2001 (9) TMI 1156 - SUPREME COURT, has opined that Encumbrance - ...means a burden or charge upon property or claim or lien upon an estate or on the land. Encumber means burden of legal liability on property, and, therefore, when there is encumbrance on a land, it constitutes a burden on the title which diminishes the value of the land.... In Sulochana Chandrakant Galande v. Pune Municipal Transport and Ors.- 2010 (8) TMI 1071 - SUPREME COURT, dealing with the word encumbrance , the Court has expressed thus: Encumbrance actually means the burden caused by an act or omission of man and not that created by nature. It means a burden or charge upon property or a claim or lien on the land. It means a legal liability on property. Thus, it constitutes a burden on the title which diminishes the value of the land. It may be a mortgage or a deed of trust or a lien of an easement. An encumbrance, thus, must be a charge on the property. It must run with the property. (Vide Collector of Bombay v. Nusserwanji Rattanji Mistri AIR 1955 SC 298, H.P. SEB v. Shiv K. Sharma (2005) 2 SCC 164 and AI Champdany Industries Ltd. v. Official Liquidator (2009) 4 SCC 486) [YOGENDRA KUMAR JAISWAL AND ORS. VERSUS STATE OF BIHAR AND ORS.- 2015 (12) TMI 1703 - SUPREME COURT]