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A sales deed or conveyance deed is used to formally confirm that the seller of a property has given the buyer full control and ownership of the asset in question. Due to legal nuances, the conveyance of property document's implications is crucial. It will probably protect you from various types of dishonest claims and actions.

Contents of Deed

1. Details of the property along with the demarcation.

2. Ancillary rights in the property

3. Complete title chain.

4. Delivery method.

5. Consideration and details regarding its receipt.

6. Other terms and conditions, if applicable

7. PoA

8. Details of property ownerhsip

9. Signatures of both parties.

Types of Conveyance Deed

Conveyance deeds are available in three different types:

Deed of conveyance of freehold property: The responsible entity, such as the Delhi Development Authority (DDA) or any state authority, has the power to change a property's status to freehold. The final document, the conveyance deed is delivered to the owner.

Deed of conveyance of leasehold property: The term "leasehold ownership" refers to a property's ownership of everything inside its four walls, but not of its external or structural walls. The building's communal areas, as well as the land on which it is situated, all belong to the landlord.

Deed of conveyance subject to mortgage: In this instance, the purchaser is permitted to occasionally enter the property in issue and its surroundings, own the property, or enjoy it, subject to the aforementioned mortgage.

Deemed Conveyance Deed

 One must submit an application to the relevant authorities along with the necessary documentation in order to obtain a presumed conveyance deed. The developer should also make sure that both sides are present since only after hearing from both parties will the authorities law provide a ruling.

A Conveyance Deed's obtaining process

By presenting the conveyance deed at the closest registrar's office, it is registered after being executed on non-judicial stamp paper. The registration fee and stamp duty must be paid after the registration is complete. State-specific variations exist for the Stamp Duty and registry fees.

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Requisite documents for a Conveyance Deed

• Registered sale agreement.

• Approved building plans.

• Commencement Certificate

• Mutation entries/ Property card.

• Location plan.

• City survey plan or survey plan from the revenue department.

• Approved Layout Plot 

• Architect certificate 

• Certificate under Urban Land Ceiling Act, 1976.’

• .Completion Certificate.

• Occupancy Certificate (exempted if not available).

• Ownership details

• Stamp duty payment receipt.

• Proof of Registration..

• Draft conveyance deed / Declaration proposed to be executed in favour of the applicant.

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What if the Conveyance Deed is misplaced?

The following actions should be taken if the conveyance deed is lost as a result of the banker's negligence:

• A police complaint must to be made by the owner as soon as feasible. Keep a secure copy of the initial information report (FIR) on hand in case the buyer of the home requests it later.

• You can publish an ad regarding the missing conveyance deed documents in a newspaper. You might have to wait until a predetermined length of time—say, 15 days—to find out whether someone has located and returned the documents.

• Affidavits are easily prepared and notarized. It must contain all the property information, FIR information, and data regarding the newspaper ad that was notified.

• The sub-registrar’s office where the property was registered, can provide you with a legally certified copy of the conveyance deed. You must pay the required fees and submit the necessary paperwork.

Is it possible to cancel a Conveyance Deed?

In accordance with Sections 31 to 33 of the Specific Relief Act of 1963, cancellation is permitted whenever and wherever a person believes that the deed is voidable or develops a reasonable suspicion that such a deed would harm him if it remains in effect. If the deed was registered in accordance with the rules outlined in the Indian Registration Act of 1908, it may be canceled with the approval of all parties.

Also Read: Planning to transfer a property? Know the process and costs involved

Conclusion

Last but not least, all sale deeds are conveyance deeds, but the inverse is not true. The Registration Act governs conveyance deeds, which are written on non-judicial stamp paper. The conveyance deed must be registered at the local sub registrar's office after it has been signed by all parties, and the registration fee must be paid. A conveyance deed will outline the transaction between a buyer and a seller, including the parties' names and addresses, the location of the property, the borders, the details of the title, the method of delivery, and any other terms of the transaction. The conveyance deed must be witnessed by at least two people and bear all of their details.

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House Registration Process

You will have to register your house with the local Sub-Registrar of Assurances, who has jurisdiction over the locality in which your house is located. 

Most states now allow some steps of house registration online. Depending on your State, a house registry online will be available for some (but not all) house registration procedure steps. For the remaining step[s] of the online house registry, you will need to visit the Sub-Registrar’s Office. Even in states which allow the maximum number of steps online, you have to make a single visit to the Sub-Registrar’s office.

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The process typically involves the following steps:

1. Book an appointment. You will get an appointment letter. 

2. Pay the prescribed registration fees. You will get a receipt for the fees paid. 

3. Present/Upload a copy of the transfer deed (the legal document by which you acquired the property, such as a Sale Agreement) and the identity proofs of the parties and witnesses. 

4. The parties, and the witnesses, have to be physically present at the Sub-Registrar’s office at the date, and time, mentioned in the appointment letter. If all documents are in order, the Sub-Registrar will register the deed and return the original deed with the deed's registration number mentioned on it. 

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Depending on your State, Steps 1, 2, or 3 can be done online. However, in every State, for Step 4, the parties and the witnesses must be present. 

The online house registration procedure for a rented house is the same as the online house registration procedure for any other house. 

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Online House Registration Check List

This online house registry checklist will help you ensure that all the requirements of the house registration procedure fulfilled: 

1. Ensure that the transfer deed (the legal document by which you have acquired your house, such as a Sale Deed, a Gift Deed, etc.) is, in writing, signed by the parties, attested by at least two independent witnesses, and executed on stamp paper of value equal to the stamp duty payable on the transaction. 

2. Pay the registration fees, and take a receipt. If your State allows this step to be done online, carry the receipt with you when you visit the Sub-Registrar’s office. 

3. Some states may require you to present a true copy of the transfer deed. The Registration Rules of your State will specify this and tell you how to make a true copy (if a true copy is required).

4. If this step is allowed to be done online in your State, upload copies of photographs, and identity proofs, of the parties and the attesting witnesses. In any case, carry copies, and originals, of all these documents at the time of visiting the Sub-Registrar’s office. 

5. Ensure that all the parties and the attesting witnesses are present at the Sub-Registrar’s office on the appointment date and time. 

6. The original transfer deed will be returned to you. If registration has been successfully done, ensure that the registration number is mentioned on the original deed with the Sub-Registrar's seal and signature

Conclusion

Online house registration in India has made the process of property registration simpler and more convenient for property buyers. It has reduced the need for physical visits to the sub-registrar's office and long wait times. Online house registration allows buyers to schedule appointments and make payments online, reducing the need for physical cash transactions. With the introduction of online house registration, property buyers can complete the registration process quickly and efficiently, saving them time and effort. Additionally, it has increased transparency and reduced the scope for fraudulent practices, making property transactions safer and more secure.

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Registration of Old Property

Registration of old property was slightly different than the properties bought recently. While the law governing was the same, the facilities of online procedure were not available. Registration should be completed within four months of execution of the transfer. Before technology was used, the documents submitted took four months to be returned from the registrar’s office. However, the new registration rules in 2019 and 2020 enable the documents to be returned the same day. It is easier to register a property in the present times than it was to register an old property.

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Types of Land Registration

Registering property is the last and most important step after one has bought the property. If your property is not registered in your name then it would be difficult to prove ownership in the courts. If in the future some dispute arises then it is essential to have the property registered in your name. There are various ways in which you can register immovable property such as land:

1. Full Property Value: It is one of the simplest and most straightforward ways to execute a property registry. You register your property at the full value which you have paid for the same.

2. Property Value is Higher than Circle Rate: You can register at the full property value if the value is higher than the circle rate.

3. Property Value is Less than Circle Rate: You may register a property which is less in value than the circle rate. However, the difference between the circle rate and the actual sale value of the property is considered as income and is taxed at rates appropriate to the income slab.

4. Bank Valuation: While In some cases, banks insist borrowers register the property at either full property value or higher value.

5. Sale Certificate: Applicable only in the case of bank auction properties.

6. Undivided Share Value/Sale Agreement Value: To register a property at Undivided Share (UDS) is the most common practice. For an under-construction property, the builder signs two agreements with the buyer which are the Sale Agreement and Construction Agreement. The construction agreement is towards the construction cost of the flat/property. Builders register the property at sale agreement value or UDS. This practice is adopted to save stamp duty costs.

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New rules for Property Registration in India 2023

The documents to be registered must be presented in four months starting from the registration date. As of 2023, due to computerization, copies of the documents are available on the same day. If a property is not registered, it will not serve as valid evidence in court. Unregistered property has no legal validity. In case the property is acquired by the government one cannot be entitled to compensation if the property has not been registered.

Stamp Duty Charges & Property Registration in India, 2023

Stamp duty which is a tax imposed by the government on the parties dealing in property transfer and is charged by the central and state government. The purchasers must pay the stamp duty charges on the agreement of sales that falls under Section 3 of the Indian Stamp Act, 1899.

Stamp Duty charges differ upon state rules also depends upon:

• Property Status: Old or New
• Property Location: rural area, City area, etc.
• Owner’s age
• Owner’s gender
• Property utilization: Commercial or Residential
• Property type: Flat or house

Property Registration Act

In the year 2023, If you have entered into a transaction for the sale of immovable property and the value of such property exceeds INR 100, You need to register the same. Section 17 of the Registration Act, 1908 makes such registration compulsory. The Registration Act also provides for which documents are essential for the registration of property and which are optional. Fees for registration vary according to the state. If a property is not registered then it cannot be produced in the court as proof of ownership. Property should ideally be registered within four months of execution of the transfer. A maximum condonation of further four months may be allowed with the penalty for delay in registration. But the document needs to be presented for registration within eight months of execution of the transfer. 

Property registration is a complex procedure and ideally, help from a lawyer should be taken for the same. You should not delay registering your property and get the same registered within the stipulated time.

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Type of Flats being offered under the scheme and related registration charges

There are broadly four categories or types of flats that have been put for sale by the DDA under the current scheme. They are:

• Higher Income Group (HIG) – The registration charges or application amount to be paid for this category of flats are Rs. 2 Lakhs.

• Middle Income Group (MIG) – The registration charges or application amount to be paid for this category of flats are Rs. 2 Lakhs.

• Lower Income Group (LIG) – The registration charges or application amount to be paid for this category of flats are Rs. 1 Lakh.

• Economically Weaker Section (EWS) - The registration charges or application amount to be paid for this category of flats are Rs. 25 Thousand.

Some general conditions to be noted are:

• The application once submitted cannot be withdrawn.

• The spouses (husband and wife) can apply either separately or jointly with their spouse(s). However, if they apply separately/individually and both applications are selected in a lucky draw, only one flat will be allotted as per regulations.

• The allotment of flats will happen via draw of lots, the date of which will be announced by DDA in due course.

• The date of allotment will also be announced soon by the DDA.

• The possession of flats will be given after allotment and receipt of the first payment by the DDA.

• The DDA will initiate the refund of payment for an unsuccessful draw after 30 days from the date of draw of lots.

• It is advisable to regularly visit the DDA website for information on the ‘lucky draw’.

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What are the eligibility conditions for putting a DDA housing scheme application?

As per DDA, any applicant interested in putting up an application needs to fulfill the following criteria:

• Only a citizen of India can apply for the scheme.

• Applicant must be over 18 years of age.

• Applicant must not be an existing leasehold or freehold owner or joint owner of residential house or plot of size 67 square meters in Delhi, New Delhi, or Delhi cantonment.

• Applicant must possess an active bank account.

• Applicant must also have PAN Card.

• Annual income of applicant applying under EWS category must not exceed Rs. 3 lakhs.

• Household income of EWS category applicants should not be more than Rs. 10 lakhs.

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What documents are required for submission along with the application?

The applicant needs to submit the self-attested copies of the following documents:

• Address Proof that may include documents like Driving License, Passport, Voter ID, Electricity Bill, Aadhaar Card, etc.

• PAN Card

• Bank Statement or Passbook

• Income Tax Return filed for the assessment year

• Reserved Category certificate, as applicable, issued by a competent government authority

Conclusion

The DDA Housing Scheme is a good opportunity for all those who are planning to buy a reasonable house in Delhi. The scheme has been created keeping in mind the budgetary constraints of people who dream to own a home. With several nationalized government and private banks providing housing loans at prevailing interest rates, the scheme definitely has the potential of being economical for the common citizen. We suggest you evaluate all your options including the legalities involved and register before the deadline ends if it fits your bill.

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Procedure for Flat Registration

A Sale Deed will have been signed by both you and the builder/seller of your apartment when you made the purchase. This Sale Deed needs to be registered with the local Sub-Registrar of Assurances, who is the authority figure for the area that your unit is located in. However, the last step in the registration process must be accomplished in person at the office of the registrar. Flat agreements can be registered online in most states. 

The entire process typically involves the following steps:

• Book an appointment for registering the Sale Deed: You need to register on the government's website and create a Login ID in most states. Then you need to upload the documents and book the appointment.
• Pay the prescribed registration fees.
• Attach copies of the Sale Deed and the identity proofs of the parties and the attesting witnesses.
• The parties, and their attesting witnesses, have to be physically present at the Sub-Registrar's office at the date, and time, of the appointment.

Depending on which state your flat is located in, some of these steps can be conducted online. However, in every state, Step 4 must be conducted offline: one visit to the Sub-Registrar's office for this purpose is necessary.

For instance, for flat registration in Bangalore and the rest of Karnataka, Steps 1, 2, and 3 of the flat registration process can be conducted online on the Kaveri Online Portal. Similarly, for registering a flat in Pune and the rest of Maharashtra, Steps 1, 2, and 3 of the flat registration process can be conducted online on the IGR Maharashtra Portal.

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Flat Registration Fee & Stamp Duty Charges

The exact registration cost for your flat will vary from state to state. Typically, the registration cost is about 1 - 3% of the market value of the flat.

When you purchased your apartment, both you and the builder/seller of the property will have signed a sale deed. This Sale Deed needs to be recorded with the local Sub-Registrar of Assurances, who is in charge of the jurisdiction that encompasses the area in which your unit is situated. The majority of states now offer online registration for flat agreements; however, the final step still needs to be completed in person at the registrar's office.

Documents Required for Registration of Flat

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The following documents are required for the flat registration:

• Appointment letter, obtained after booking an appointment with the respective Sub-Registrar's office.
• Proof of payment of the required registration fees.
• The original Sale Deed for your flat.
• Identity proofs of the parties to, and the attesting witnesses of, the Sale Deed.
• Copy of the Possession Letter issued by the seller/builder

Conclusion: 

To summarise, the flat registration procedure is an essential step that every prospective homebuyer needs to be aware of. It is a legally binding agreement that determines who the owner of the property is and protects the homebuyer's rights to the property. The process of registering a flat requires a variety of different formalities and pieces of documents, both of which can be challenging and time-consuming. To guarantee that everything is in proper order, it is necessary to have a comprehensive comprehension of the procedure and to seek the advice of an experienced legal professional. Homebuyers are able to successfully finish the registration process and steer clear of any potential future legal entanglements if they adhere to the prescribed protocols and procedures and follow all applicable legislation. The knowledge that comes from understanding flat registration can assist homebuyers in making well-informed decisions, safeguarding their financial investment, and providing them with a sense of calm and safety in their brand-new abode.

A Conveyance Deed is a legal document that conveys some rights over an immovable property from one person to another. The developer must execute the Conveyance Deeds of flats and common areas to transfer their ownership rights to the respective owners and the housing society. Thus, the buyers will then become the owners of their respective flats, and all the buyers will then become the common owners entitled to jointly use the common areas.  

How to Execute the Conveyance Deed 

Keep the following pointers in mind while executing each required Conveyance Deed: 

1. It must be written and signed by the parties. 

2. It must be attested by at least two independent witnesses. 

3. The required stamp duty must be paid. To ensure this, the Deed must be executed on non-judicial stamp paper of the same value as the stamp duty required to be paid. 

4. It must be compulsorily registered with the local Sub-Registrar of Assurances. 

5. It must clearly identify, at the very least, the land and other properties being transferred, the identity of the parties, the title history of the land and properties in question, and the fact that ownership rights are being transferred. 

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Documents Required for Conveyance Deed

1. The duly executed and stamped Conveyance Deed must be presented to the office of the local Sub-Registrar of Assurances for registration. 

2. Some states may require the advocate, or registered deed-writer, who drafted the Conveyance Deed to affix a declaration, and their registration number, on the Deed. 

3. Proof of payment of the registration fees payable, if any. 

4. Identity, and Address, Proofs of all the parties and the attesting witnesses. 

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In practice, members of housing societies often have trouble getting developers to execute Conveyance Deeds for their buildings. In such cases, some states allow the members of the housing society to request the State Government to provide them a Deemed Conveyance Deed. For instance, Maharashtra allows members of housing societies in the state to request a Deemed Conveyance Deed. 

Deemed Conveyance Deed

Once the State Government provides a Deemed Conveyance Deed, although the developer has not really executed the required Conveyance Deed, the law will consider that it has been executed. This is a fiction of the law. Consequently, the members of the housing society will be entitled to the same rights they would have possessed had the developer executed the required Conveyance Deed. 

If your state allows you to obtain a Deemed Conveyance Deed, you have to file an application for this purpose before the competent authority, supported by the required documents. The authority will usually hear both the parties and pass a reasoned order. Accordingly, they will either accept or reject your application. If they accept the application, you will be able to obtain the Deemed Conveyance Deed. The documents typically required to obtain a deemed conveyance deed are:

• Relevant land records, such as municipal records, land revenue records, etc. 

• Copy of development agreement between landowner and builder. 

• Copies of registered and stamped agreements of each flat

• Approved building plan. 

Conveyance deed cost varies from state to state. In Maharashtra, the fee for deemed conveyance is INR 2000. Earlier, there was also a need to submit an occupation certificate from the builder, but now this requirement has been scrapped. The housing society can obtain an occupation certificate from the municipal corporation after the conveyance has been done. 

It is always preferable to take legal help while drafting a Conveyance Deed. Many builders do not adopt the Conveyance deed new rules, and the flat-owners have to resort to deemed Conveyance.