What is a Conveyance Deed in Real Estate & Why Is It Important?
Conveyance Deed Meaning
A conveyance deed is a legal document used to transfer the property title from one person to another as a gift, an exchange, a lease, a mortgage, etc. A gift deed, mortgage deed, lease deed or sale deed can also be called a conveyance deed.
Importance of Conveyance Deed
A conveyance deed is an important document that one needs when one owns a property:-
- Serves as evidence: If a legal dispute arises, the conveyance deed works as evidence. It will help resolve the issue soon.
- Proof of ownership: A conveyance deed works as proof of ownership. It mentions the ownership right of property.
- Transfer property rights legally: With a conveyance deed, you can quickly transfer property rights to another person.
Note: Please remember that conveyance deeds should be registered at the sub-registrar’s office after stamping on non-judicial paper. The transfer is made public, and then the process of conveyance deed is completed.
What is the difference between a sale deed and a conveyance deed?
Conveyance deed is a broader term that includes any property ownership transfer in the form of a gift, mortgage, lease, exchange, etc., in favour of the buyer. A sale deed is a legal document to transfer ownership through a property sale. All sale deeds are conveyance deeds, but not all are sale deeds. All deeds used to transfer property rights are conveyance deeds, and the sale deed is among them.
What should be there in a conveyance deed?
The conveyance deed should have the following:
- Defined boundaries of the property
- Power of attorney (if any)
- Chain of title that includes all legal rights to the present seller
- The details on how the property will be handed over to the buyer
- A memo stating how property ownership has been received
- Signatures of both parties that imply the buyer and seller
- Other terms and conditions that are concerned with the property transfer
- Things to check before executing a conveyance deed
- The seller must clarify that the property is free from any legal encumbrance.
- In the case of mortgage property, the mortgage must be cleared before the deed is signed. Buyers can check these details at a local sub-registrar’s office.
- The conveyance deed must include the exact possession date on which the property will be handed to the buyer.
- Within four months of the execution of the deed, all the original property documents should be submitted at the local sub-registrar for registration.
- At the time of registration, the conveyance deed has to be signed by at least two witnesses.
Types of Conveyance Deed
Following are the different types of conveyance deeds:-
Freehold Property Conveyance Deed: This conveyance deed is created for a property converted into a freehold property by an authority.
Leasehold Property Conveyance Deed: Leasehold property deed of conveyance is for leasehold ownership of property. A leasehold property is a property where an owner has the right to everything within the property’s walls; nothing can be done on external walls.
Mortgage Property Conveyance Deed: A mortgage property conveyance deed is for the mortgaged property.
What is the use of a Conveyance Deed?
As we discussed, a conveyance deed is a legal document used to buy and sell a property. The presence of this document will save you from fraudulent activities. You must ask for a copy of the conveyance deed when buying a property.
What is the procedure for obtaining a conveyance deed?
A conveyance deed is drafted on a non-judicial stamp paper of requisite value and is registered at the nearest sub-registrar office. The buyer should pay post-registration, stamp duty, and registration fees. Each state has different charges for stamp duty and registration charges.
Who Prepares Conveyance Deeds?
To prepare a conveyance deed, you will need the help of a lawyer. They will create legal documentation of the transfer of ownership and authority. To ensure that it is a legal transaction, the government intervenes, and for the same, there is a requirement for a lawyer. Also, in some cases, you might need a real estate agent to document the deed properly between two parties. On the conveyance deed, a buyer has to pay a stamp duty.
List of required documents for Conveyance Deed
- Registered Agreement for sale of property with the seller
- Mutation entries/ Property card
- Location plan and survey plan from the revenue department
- Layout plot plan and structure plan approved by the appropriate authority
- Certificates such as Commencement Certificate, Completion Certificate, Occupancy Certificate (exempted if not available), architect certificate
- An entire list of owners
- Stamp duty payment receipt
- If the seller executes the deal, power of attorney or development agreement is required
- Draft conveyance deed
- Importance of conveyance deed
- In case of any dispute, conveyance deedserves as an evidence
- It certifies that the property is free from disputes
- Acts as proof of land ownership
- Legally transfers the property rights to the buyer
What if the Conveyance Deed is Lost?
In case the conveyance deed is lost due to negligence, then you need to take the following steps:-
- An FIR (First Information Report) should be filed with the police
- An advertisement about the loss of conveyance deed can be in the newspaper
- Prepare an affidavit and get it notarized. An affidavit should have all the property information and FIR
- You can also get a certified copy of the deed from a sub-registrar’s office. However, you will have to pay some charges to get this document.
Cancellation of a Conveyance Deed
According to Sections 31, 32 and 22 of the Specific Relief Act, one can cancel a conveyance deed if a person believes the deed is revocable or can cause them harm if left unsettled. If the deed was registered according to the laws of the Indian Registration Act of 1908, one could cancel the conveyance deed via mutual agreement of the involved parties.
What is Deemed Conveyance Deed?
A deemed conveyance deed is where the transfer of right, title, and land interest is done in the name of the housing society. The deemed conveyance deed is done once the state government issues it. However, to have it, one should apply for it with the required documents to the concerned authority. One must ensure both parties are available when the deemed conveyance deed is made because the authority will pass the law only after hearing the parties.
Documents Required for Deemed Conveyance Deed
You will have to submit the following documents to apply for a conveyance deed:-
- Land documents like land records and municipal records
- Agreement copy between land owner and developer
- An agreement copy of each flat should be registered and stamped
- Approved building plan.
Conditions Attached with Deemed Conveyance Deed
- A cooperative society should be made 3-4 months before applying for deemed conveyance deed.
- A minimum of 60% of the flats should be sold.
- A resolution for the deemed conveyance deed should be passed among the society.
Key Things to Remember in Conveyance Deed
- A sale deed can be a conveyance deed but not vice versa
- Conveyance deeds are regulated under the Registrations Act and executed on non-judicial stamp paper.
- A conveyance deed should be registered with the sub-registrar once both parties sign it.
- A conveyance deed must be signed at least by two witnesses
Summing Up: Conveyance Deed
A conveyance deed is a legal instrument that legally transfers the rights to the property buyer. A property purchase is incomplete if a conveyance deed is not prepared. According to the Registrations Act, one must register it with the sub-registrar. Also, two witnesses must sign the deed.
Why conveyance deed is required?
The conveyance deed is a legally document that signifies that the seller of a property has transferred all the authority and the ownership regarding a property to the buyer.
What are the two types of conveyance?
Conveyance may occur either through a sale of the land or property or transfer as a gift or inheritance.
Can conveyance deed be challenged?
Yes, a conveyance deed can be challenged in the court of law.
Is conveyance deed necessary for home loan?
Yes, if you are planning to avail a home loan, you will have to submit the conveyance deed.
What is conveyance certificate?
It is a legal document that is exchanged between a a transferor and a transferee and consists of ownership rights of the property being transferred.