Everything You Need to Know About Conveyance Deed
Property

Everything You Need to Know About Conveyance Deed

Meaning of “Conveyance” and “Deed”

The term "conveyance" describes the act of transferring ownership, rights, and interests in real estate from one entity to another. The word "deed" refers to a formal document that all contracting parties must sign, in this example, the seller and the buyer.

Conveyance Deed

An agreement memorialised in a conveyance deed is enforceable in a court of law. Therefore, the seller transfers all rights to the legal owner through a deed of conveyance. A property transaction cannot be consummated without a valid transfer document. There is a slight distinction between a sale deed and a conveyance deed, even though both terms refer to the same transaction and are sometimes used interchangeably.

Also Read:  Property Registration Online Procedure and New Rules in India

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.

Also Read: Flat Registration - Procedure, Charges and Required Documents

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.

Also Read: Can Homebuyers take Legal action against builder for delay in possession of Property?

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 ReadPlanning 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.

All you wanted to know about Online House Registration
Property

All you wanted to know about Online House Registration

If you have bought or otherwise acquired a house, this transaction needs to be registered. House registration is necessary for two reasons: 

  1. Every State maintains land records. The land record of every piece of land records the persons who have rights over that land. Hence, the land record for your house will reflect who has ownership over that house. For instance, if you are the owner, then it will mention you as the owner; if you have an easement over the land, then it will mention you as an easement-holder, and so on. 

  2. Unless you have inherited the house, the transaction by which you have acquired the house will not take effect until the transfer deed is registered. If this is the case, you need to register the house to acquire legal rights over it in the first place. 

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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.

Also read:  Stamp duty and registration charges are mandatory: Buyers should take utmost care on this front

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. 

Also read: How to get your property valuation done to ascertain a correct market price

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. 

People Also Read This: Flat Registration - Procedure, Charges and Required Documents

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.

People who read this Article also Consulted a Lawyer about Property Registration process. 

Online Property Registration
Property

Online Property Registration

It is essential to register the transfer of property in India, under Section 17 of the Registration Act, 1908. This Act governs the registration of transfer of immovable property in India. Registration is compulsory because the person in whose name the property is registered is the rightful and legal owner of the property. Registering a property involves various aspects. Stamp duty is levied on the registration. Registration rules of each state are different and hence, the process of registration depends upon the state where the property is located.

The property description with the number it bears, area, pin code, the property type: flat, plot, agricultural, mode of ownership: purchase, gift, lease, owner’s personal details: Name, age, occupation, parent’s name, proof of property: Title deed, power of attorney, etc. are required at the time of registering the property.

 

Procedure for Registration of Property in India in 2023 

In the new year 2023, now many  states have their websites up and live for online registration like Kerala, Odisha, West Bengal, Karnataka, Tamil Nadu, Rajasthan, etc. For instance, in Bangalore, there is an updated Kaveri Online Services(https://kaverionline.karnataka.gov.in). You can register as a user on these property registration websites. You can enter the details, such as the date of execution of the sale deed, total number of parties, and other details as part of document registration. You also need to provide ID proof-details of witnesses and buyers, property value, and the nature of the property you seek to register.

You can download the registration form for your land and the application form, from the website of the concerned authority’s office in the state. You can also visit the office and obtain the registration and application form offline. Properties in both urban and rural areas come under the jurisdiction of the State Government and are managed under a Tehsil (taluka or mandal). The e-registration of property (housing or commercial rental) is also on similar lines. The process will only differ if the land is vacant or occupied.

 

As the lastest requirements for online property registration, you need to furnish the following documents at the time of registering the property now in 2023: 

  • Identity proof of parties- Aadhar Card, PAN card etc.)
  • Two passport photographs of parties involved
  • Sale deed
  • Power of authority in case the party is representing someone else.
  • If a company is a party then power of attorney/letter of authority, along with a copy of the resolution of the company’s board
  • property card
  • Acknowledgement of payment of stamp duty
  • Registration fee

People Also Read This: Land & Property Registration: All You Need To Know

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.

Those who read this Article also Consulted a Lawyer about Property Registration process. 

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.

DDA Flat Registration Scheme is a yearly "affordable housing" event
Property

DDA Flat Registration Scheme is a yearly "affordable housing" event

This post is one of the most frequently talked about topics of discussion when it comes to affordable housing. Yup, you guessed it right, we are talking about the Delhi Development Authority (DDA) Housing Scheme that is announced by the government on a yearly basis. This topic garners keen interest not only because affordable houses are offered to applicants via lucky draw but the scheme also covers a wide stratum of people, whether they are from the general category or from economically weaker groups or the reserved sections of the society like SC, ST, OBC, etc. As we progress in this post, you will have more insights on several aspects related to the DDA Flats Registration Scheme 2021 – what is the scheme about, its benefits and the general eligibility conditions, etc.

What is the DDA Flat Housing Registration scheme?

Briefly mentioning, under the Pradhan Mantri Awaas Yojna, DDA recently announced the housing registration scheme for the year 2021 wherein the authority has put for sale, more than 1300 flats of various types located at different locations in New Delhi. The sole aim of the scheme is to enable people to buy affordable houses as the houses being offered by DDA are priced cheaper compared to the houses sold by private real estate developers.

The ongoing pandemic has seen massive digitization of government services. DDA Housing Registration Scheme for 2021 has also followed the same path. The authority has completely automated the flats registration process. Some of the following online services are likely to be provided by the DDA to potential house buyers through its Awaas software:

  • Initiating the Online flat registration process by prospective buyers

  • Filling up the online flat registration form

  • Paying flat registration charges and fees

  • Conducting draw of lots under the supervision of authorized government officials

  • Issuing allotment and/or possession letters to the allottees

An important point to note in this scheme is that the allottee(s) may need to visit the office of the DDA for completing the conveyance deed execution process in his or her name.

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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’.

Those who read this Article also Consulted a Lawyer about DDA Schemes. 

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.

Know About Flat Registration
Property

Know About Flat Registration

In the year 2023, many people have the goal of purchasing their own house. But were you aware that after you purchase a flat, you are required to do a registry of flat after possession? The law that is in effect in the state in which a flat is purchased dictates that it must be registered in line with that law. Flat registration is governed in a manner that is distinct from state to state in India. The Real Estate Regulatory Authority (RERA) requires builders to register their properties, while buyers must do registry of flat with the local registrar. Let's have a look at all that needs to be done in order to register a flat.

Importance of Flat Registration

Have you bought a flat recently? It is necessary to do flat registration after possession. Flat registration is necessary for 2 reasons:

  1. A flat is an immovable property. Thus, buying a flat is a transaction of immovable property. Such transactions do not take effect unless registered. Hence, it is necessary to register for the purchase of your flat.
  2. Very obviously, your apartment building is situated on a certain plot of land. You hold specific rights over that land due to the fact that you are the owner of the flat. Your name will be recorded in the state's land records as the lawful owner of your apartment after you have registered it with the state. This is an essential piece of proof that documents the rights you own over the apartment you now reside in.

You can also register an under-construction flat. The common misconception is that a flat cannot be registered before possession and that it can only be registered after possession. But, this is not the case. In fact, banks insist on the registration of under-construction flats before granting home loans. While such registration protects the interest of banks, the entire risk is put on the shoulders of the homebuyer.

People also read: What is the right that a land ownership certificate gives to its holder?

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

Those who read this Article also Consulted a Lawyer about Flat Registration process. 

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.

 

 

Society Conveyance Deed: All You Need to Know
Property

Society Conveyance Deed: All You Need to Know

Did you know that a Conveyance Deed of society is required to acquire property in a housing society? Many people do not know that such a Conveyance Deed exists.  After developing a housing structure with a number of flats, common areas, etc., the developer sells these flats to multiple buyers for a price (making a profit in the process). The buyers come to own the individual flats, and they all have a common right to utilize the common areas. The flat-buyers then come together to form a housing society. The housing society regularly raises subscriptions from the members. It uses the proceeds to service the common areas, provide common services (such as electricity backup and water supply), hire employees for maintenance and housekeeping, and so on. Having a Conveyance Deed confers the legal ownership of the common areas of the housing society and plays an important role in proving legal ownership and later redevelopment projects. 

 

The Importance of Conveyance Deed of Housing Societies

The ownership of the land is first transferred from the original landowner to the developer. With their newly acquired rights over the land, the developer can now develop society on this land. They commence construction and meanwhile begin marketing the to-be-completed society to prospective buyers. Those who agree to buy the completed flats enter into an agreement with the buyer. This agreement may be called by different names, such as ‘Sale Agreement’ or ‘Purchase Agreement’ and so on, but they are all the same in essence. There may be a number of clauses in this agreement. Amongst these, the most important one typically states that the developer promises to hand over the flats to the owners once the construction is completed.

When construction is completed, the developer hands over the flats to the respective buyers. However, there’s a catch. As a buyer, you have only acquired possession of your flat. The developer continues to own the whole land and all the buildings which stand on it. A possessor has some but lesser rights than an owner. Hence, in some sense, the developer can still continue to lord over you since they have more rights over the property than you do. To transfer the ownership of the whole land and the buildings standing on it to the respective buyers, the developer must execute Conveyance Deed new rules. 

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. 

Those who read this Article also Consulted a Lawyer about Conveyance deed.  

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.