That the seller has given clear understanding and guarantee at the time of this agreement that the said property is free from all encumbrances, attachments such as mortgage, gift, will, exchange, court injunction, disputes, stay, court decrees, lease, family or religious dispute or any other registered or unregistered encumbrance and attachment etc. In case of any proof, the seller will be liable and responsible for the same.

What is the meaning of the last line in this paragraph. It would be helpful if someone would make me understand the last line simply in context of the whole paragraph.

  • 2
    Hello, and welcome to EL&U. As a courtesy, please type out the paragraph and show what you’ve considered or found so far.
    – Lawrence
    Nov 1, 2020 at 5:13

2 Answers 2


One legal understanding of proof is implicit in:

The defendants in civil suits ... need not provide absolute "proof" of non-responsibility (in a civil case) ... since the burden is on the plaintiff to prove their cases.

Legal dictionary

Also see hallellis

Your text says that if any the buyer finds any (evidenced) proof of an encumbrance (such as are listed), the seller will be responsible for it.


I understand that the seller has guaranteed at the time of the agreement that the property is free from all encumbrances whatsoever. But, at some point later on, if there is a need for evidence to prove that there are not liabilities on the property as claimed by the seller, or if proved that there are some sorts of encumbrances on the property,in both cases, the seller will be responsible.

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