Kerala, India · property
How to Remove Gehan from Encumbrance Certificate in Kerala
Paying off your co-operative bank loan does not automatically erase the mortgage entry from government records. In Kerala, an uncancelled Gehan on your Encumbrance Certificate blocks property sales, transfers, and fresh mortgages until the lending society files a formal Gehan Release. You have the legal right to compel your society's secretary and the Sub-Registrar to register the discharge and clear your title.
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I need more helpWhat the Law Says About Gehan in Kerala
In Kerala, a 'Gehan' is a statutory charge or simple mortgage executed by a borrower in favor of a co-operative society, Primary Agricultural Credit Society (PACS), or co-operative bank under Section 36A of the Kerala Co-operative Societies Act, 1969. It confers a special prior charge on your immovable property to secure the borrowed amount. Unlike traditional mortgages that require regular registered deeds, Gehan declarations are forwarded to the jurisdictional Sub-Registrar Office (SRO) under Section 89 of the Registration Act, 1908, and indexed in Book I records.
Crucially, repaying the loan in full does not expunge the Gehan from your property's record. Under the rules framed by the Kerala Registration Department, a mortgage charge remains active on your Encumbrance Certificate (Kudikadam) until the society's Secretary or Authorised Officer executes and submits a formal 'Gehan Release Deed'. The Sub-Registrar cannot unilaterally delete or efface a registered Gehan without this statutory release or an explicit order from a competent authority or court.
Why Co-operative Societies Delay and Your Legal Rights
A common point of frustration for property owners in Kerala is bureaucratic apathy: banks readily collect their final rupee, issue a paper receipt or loan closure letter, hand back original title deeds, and then fail to submit the electronic Gehan Release. Borrowers only discover the problem months or years later when an Encumbrance Certificate is pulled for an urgent sale or home loan, causing transactions to collapse.
Under Section 60 of the Transfer of Property Act, 1882, a mortgagor who has redeemed their debt has an absolute right to have the mortgage extinguished and an acknowledgement of discharge placed on record. The Co-operative Society has a legal duty to execute and file the Gehan Release. If a society sits on your file or demands arbitrary charges, you are entitled to initiate action against the Secretary before the Joint Registrar of Co-operative Societies or approach the High Court of Kerala under Article 226 for a writ of mandamus directing the bank and SRO to efface the satisfied charge.
Handling SRO Delays and Next Steps on Caunsel
The Government of Kerala mandates that Gehan filing and releases be processed electronically through the Registration Department's PEARL online portal. The society logs in via its designated institutional credentials, inputs the property's survey, re-survey, and thandaper details, and submits the Gehan Release with the prescribed filing fee. Once received, the Sub-Registrar files the release document in Book I (issuing an official 'G-Release' document number). Any newly generated Encumbrance Certificate for that period will then show the original Gehan followed by its registered release, proving unencumbered title.
If your society is inactive, liquidated, or refusing to coordinate with the SRO due to internal administrative disputes, you must act decisively rather than waiting indefinitely. If your co-operative bank is delaying or refusing to file your Gehan discharge, you can use Caunsel to research relevant Kerala co-operative directives, securely store your loan receipts and title records in a dedicated case file, or consult an independent property lawyer to issue a legal notice or approach the High Court of Kerala.
Steps
- Obtain a formal No Due Certificate (NDC), detailed loan closure statement, and all original title deeds from your lending co-operative bank or society.
- Submit a formal written application to the Secretary of the Co-operative Society demanding the electronic filing of the Gehan Release via the Kerala Registration Department's PEARL portal.
- Confirm that the society enters accurate property schedule details—including District, Sub-District SRO, Village, Survey Number, Re-survey Number, and Thandaper—and pays the requisite filing fee.
- Obtain the PEARL acknowledgment slip and track the application status until the Sub-Registrar files the release in Book I and assigns a permanent G-Release number.
- Apply for an online Encumbrance Certificate (EC) on keralaregistration.gov.in covering the full period of the mortgage to verify that the Gehan Release entry is properly reflected.
Common mistakes
- Assuming that obtaining a physical No Objection Certificate (NOC) or receiving your original title deeds automatically clears the SRO encumbrance records.
- Accepting an unregistered, handwritten discharge on paper without verifying that an electronic Gehan Release was submitted to the Sub-Registrar via PEARL.
- Failing to cross-check survey, re-survey, and boundary descriptions in the draft release deed against the original Gehan, which leads to SRO rejection.
- Overlooking separate court attachments or bank caution notices that were entered alongside the Gehan and require distinct effacement orders.
Questions people ask
Does a Gehan release completely delete the Gehan entry from my Kerala Encumbrance Certificate?
No. In Kerala's registration system, an Encumbrance Certificate is a chronological ledger. The original Gehan entry remains, but the SRO registers a subsequent entry for the 'Gehan Release Deed' referencing the same property schedule. Together, these entries legally establish that the mortgage has been fully discharged and the property is unencumbered.
How long should a co-operative bank take to file a Gehan Release in Kerala?
Once your loan liability is fully cleared, the society should submit the Gehan Release on the PEARL portal within 7 to 15 working days. If the bank takes longer, issue an immediate written demand to the Secretary noting that their delay restricts your constitutional right to enjoy your property.
What can I do if the co-operative society has been liquidated or shut down?
If the primary society has merged, shut down, or entered liquidation, you must submit your loan settlement proofs to the Liquidator or the Assistant Registrar (General) of Co-operative Societies for your taluk. The authorized departmental officer will execute the release and forward it to the Sub-Registrar on behalf of the defunct society.
Ask Caunsel how to draft a formal demand notice to your co-operative society's secretary or connect with an independent Kerala property lawyer to ensure your Gehan release is filed and indexed at the SRO.
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General information only, last updated 2026-11-02. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in Kerala, India.