Friday, August 7, 2009

“Encumbrance” actually mean 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. So far as the provisions of the land acquisition Act are concerned, the word 'encumbrance' means the interest in respect of which compensation has been made or could have been claimed. These examples of “encumbrance” includes a lease or a mortgage, securities, servitudes and trust, etc. (Vide Colector of Bombay Vs. Nusserwanji Rattanji Mistri and Ors., AIR 1955 SC 298)

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