What is a Conveyance Deed?

A Conveyance Deed is the legal instrument through which ownership of immovable property is transferred from one party (the transferor) to another (the transferee). In everyday usage, most people use "Conveyance Deed" and "Sale Deed" interchangeably — but technically, Sale Deed is just one type of conveyance. Other types include Gift Deeds, Exchange Deeds, Partition Deeds, and Mortgage Deeds.

In the context of apartment purchases in India, the conveyance deed becomes most critical in two scenarios: when the final Sale Deed is executed at possession, and when a housing society needs the developer to convey the land title to the society after project completion.

Types of Conveyance Deeds

TypeWhen UsedKey Feature
Sale DeedProperty purchase for consideration (money)Most common type — full ownership transfer
Gift DeedTransfer without monetary considerationBetween family members — lower stamp duty in some states
Exchange DeedSwapping properties between two partiesBoth parties are simultaneously transferor and transferee
Mortgage DeedPledging property as security for a loanTitle stays with owner but is encumbered
Lease DeedLong-term lease of property (typically 30–99 years)Ownership retained by lessor
Relinquishment DeedGiving up share in inherited propertyUsed by co-heirs to transfer their share to another heir
Partition DeedDivision of jointly owned propertyEach owner gets separate title for their share

Society Conveyance — Builder's Obligation

One of the most significant and often-delayed aspects of conveyance in India is the transfer of land title from builder to the housing society. Here is what the law says:

RERA Obligation: Under RERA Section 17, the promoter (builder) must execute a registered conveyance deed of the apartment, plot, or building in favour of the allottee within 3 months of the date of issue of the Occupancy Certificate. For land transfer to the housing society or association, this must happen within the same timeline after majority occupation.

Deemed Conveyance (Maharashtra)

Many builders delay or refuse to convey land title to housing societies — often to continue collecting parking fees, maintaining control of open spaces, or to benefit from any future redevelopment. Maharashtra introduced Deemed Conveyance to address this: a legal process through which a housing society can get land title transferred through a government order, even without the builder's cooperation.

1

Apply to District Deputy Registrar

The society applies with all property documents, list of members, builder details, and proof that the builder has not executed conveyance.

2

Notice to Builder

The competent authority issues notice to the builder, giving them time to respond and execute conveyance voluntarily.

3

Deemed Conveyance Order

If builder fails to respond or comply, the government issues a deemed conveyance order transferring land title to the society.

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For buyers: Before purchasing a resale flat, always verify whether the builder has executed conveyance of land to the housing society. Without this, the society's title is uncertain and future redevelopment can become complicated.

Frequently Asked Questions

A conveyance deed is a legal document that transfers ownership (title) of property from one party to another. It is the umbrella term covering Sale Deeds, Gift Deeds, Exchange Deeds, Lease Deeds, and other instruments of property transfer. All conveyance deeds must be registered at the Sub-Registrar office.
A sale deed is a specific type of conveyance deed used when property is transferred in exchange for money. Conveyance deed is the broader legal category that includes sales, gifts, exchanges, mortgages, and leases. In common usage, both terms are often used interchangeably for property purchase transactions.
Under RERA, the builder must execute a registered conveyance deed of land and common areas to the housing society or residents' association within 3 months of the date of issue of the Occupancy Certificate. Failure to do so is a RERA violation that can be reported to the state RERA authority.
Deemed conveyance is a provision under Maharashtra's housing law that allows a housing society to obtain land title through a government order when the builder refuses or fails to execute a formal conveyance deed. The society applies to the District Deputy Registrar, who can issue a deemed conveyance order after due process.
Yes. Stamp duty is payable on all conveyance deeds based on the market value or consideration amount (whichever is higher). Rates vary by state — typically 4–8% for sale deeds. Gift deeds between close relatives attract lower rates in most states. Registration charges (typically 1%) are payable separately.
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