Conveyance Deed
A conveyance deed is a legal document between a transferor and a transferee, which proves that a title or ownership in the property has been transferred from one person to another. It also informs that the property is free from any restrictions and disputes. Both the parties sign it, and it can be produced in a court if any dispute relating to the agreement arises in future.
Contents of Conveyance Deed
- The actual demarcation of the property.
- Information on both the parties, including name, age, and addresses.
- The signature of both parties.
- Terms and conditions related to the property transfer.
- The method of delivery of the property to the buyer.
- The chain of title.
- The sale deed
- Any other applicable transfer of ownership rights.
Importance of a Conveyance Deed
- It works as evidence in the event of legal dispute
- Legally affirms transfer of property rights to the buyer
- Certifies that the concerned property is free from any dispute
- Works as a land ownership proof
How to get conveyance deed?
The procedure is done on a non-judicial stamp paper. After that, it needs to be registered at the Registrar’s office. Post-registration, the transfer of property moves to the public domain. The government obtains the stamp duty and registration fees as revenue. Once this is done, the entire procedure of the conveyance deed is completed.
In a situation, where the builder is not alive, the process can be completed by the legal representatives or heirs of the builder. In such cases, you will be required to draft a conveyance deed and apply it.
Difference between Conveyance Deed and Sale Deed
The terms ‘Sale Deed’ and ‘Conveyance Deed’ are used interchangeably but they are not the same. Like a Conveyance Deed, a Sale Deed transfers the ownership or title of a property from one entity to another. On the other hand, 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.
Documents required for Conveyance Deed
The required documents to obtain a Conveyance Deed are as follows:
- 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
- The development agreement, power of attorney (POA), or sale agreement (if performed by the seller)
- Draft conveyance deed or declaration proposed to be implemented in favour of the applicant
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, 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.
