Conveyance Deed

A conveyance deed is a legal document that serves as a proof of property transfer from one individual to another. The term ‘conveyance’ describes the act of transferring the ownership of property from one person to another. And the term ‘deed’ is a written document signed by the concerned parties to a contract. The purchase or sale of a property is incomplete without a conveyance deed.

Why Conveyance Deed is important?

Getting a conveyance deed is important when purchasing or selling a property due to the following reasons:

• It is a binding and enforceable contract
• It acts as a proof concerning the transfer of title, rights and ownership of a property
• It certifies that the property is free of any legal encumbrance

What should a Conveyance Deed include?

A conveyance deed is made on a non-judicial stamp paper and signed by the buyer, seller and at least two witnesses. The document must include certain elements to make it a binding and enforceable contract. Some of these elements are:

• Full name, address and other necessary details of both the seller and buyer of the property
• Defined boundary lines of the property
• All rights annexed to the ownership of the property
• Date on which the title, rights and ownership of the property will be transferred
• Details regarding the delivery and acceptance of the property
• All terms and conditions concerning the handover of ownership rights
• Signatures of buyer, seller and at least two witnesses
• Notary seal

How to get Conveyance Deed?

The buyer will need to register the signed and sealed Conveyance Deed at the local Registrar’s office. To complete this action, he/she will also be required to pay Stamp Duty and Registration Fees, which varies from one State to another. On successfully completing the process, the information about the property transfer becomes part of the public records.

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What are the documents required for Conveyance Deed?

The documents required for registering conveyance deed are:

• Sale agreement
• Property card/mutation entries
• Location plan, city survey plan and approved layout plot plan
• Architect certificate about the entitlement of undivided interest in the common areas, layout plot and amenities by each entity or structure built or to be built on the layout plot
• Certificate under Urban Land Ceiling Act, 1976
• Approved building plan/ structure plan
• Commencement Certificate of the property
• Completion Certificate of the property
• Occupancy Certificate of the property (exempted if not available)
• List of owners of the property
• Proof of stamp duty fee payment and registration
• Development agreement, power of attorney (POA) or sale agreement (if performed by the seller)
• Draft conveyance deed or declaration proposed to be implemented in favor of the applicant

What is the difference between Sale Deed and Conveyance Deed?

The terms ‘Sale Deed’ and ‘Conveyance Deed’ are usually used interchangeably but they are not the same. Similar to a Conveyance Deed, a Sale Deed transfers the ownership or title of a property from one individual to another. However, a Sale Deed is appropriate when the title or ownership of a property is transferred in return for money. A Conveyance Deed, on the other hand, is appropriate when the transference of a property is due to gift, exchange, mortgage or lease.

Is it possible to cancel a Conveyance Deed?

As per Sections 31 to 33 of the Specific Relief Act, 1963, it is possible to cancel a conveyance deed when and if an individual believes that the deed is voidable or can cause him/her harm if left unresolved. If the deed was registered as per the laws of the Indian Registration Act, 1908, the conveyance deed can be cancelled by mutual agreement of the parties involved.