What is conveyance deed and what does it include?

A conveyance deed is an essential document required for the purchase of a property. We explain importance of deed of conveyance and what a home buyer should look out for, when signing the conveyance deed document

Conveyance refers to the act of transferring the title, ownership, rights and interests in a property from one person to another. The term deed refers to an instrument such as a written document that is signed by all parties involved in a transaction.  That way, conveyance deed  or deed of conveyance is a contract in which the seller transfers all rights to the buyer. Property transactions are not complete till a conveyance deed is executed and registered.

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Are sale deeds and conveyance deeds the same?

Sales deeds are a type of conveyance deed. Gift deed, exchange deed, mortgage deed and lease deeds are other types of conveyance deed.

It is important to note the difference between an agreement for sale and a sale/conveyance deed. An agreement for sale contains a promise to transfer a property in question in future, on satisfaction of certain terms and conditions. An agreement for sale does not, in itself, create any interest in or charge on a property. Therefore, the sale of a property is not complete without a conveyance deed.

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Conveyance deed: Important things to know

  1. The actual demarcation of the property.
  2. Other rights annexed to the property and its use.
  3. The full chain of titles, that is, all legal rights up to the present seller.
  4. The method of delivery of the property to the buyer.
  5. A memo of the consideration, stating how it has been received.
  6. Any further applicable terms and conditions for the full transfer of ownership rights.
  7. Power of attorney, if used.
  8. Memo about the property ownership.
  9. Signatures of both parties.

See also: Real estate sale deed: Terms and conditions that home buyers should be aware of


Important things about conveyance deed

  1. The seller is required to certify that the property is free of any legal encumbrance.
  2. If a loan was taken against the property in question, then, the mortgage must be cleared before the conveyance deed is signed. Buyers have the option of having the conveyance deed checked at the local sub-registrar’s office.
  3. The conveyance deed should state the exact date on which the property will be handed over to the buyer.
  4. Within four months of the execution of the deed of conveyance, all the original documents related to the sale of the property, need to be produced for registration before the local registrar.
  5. The deed of conveyance is required to be signed by at least two witnesses.


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Types of conveyance deeds

There are three types of conveyance deeds:

Deed of conveyance of freehold property: A property can be converted into freehold status by the concerned authority, such as the Delhi Development Authority (DDA) or any state authority. The conveyance deed is given to the owner as a final document.

Deed of conveyance of leasehold property: The leasehold ownership of a property means the owner has the right to everything within the four walls of the property but it does not include the external or structural walls. The landlord is the owner of the structure, the common areas of the building and the land it is built upon.

Deed of conveyance subject to mortgage: In this case, subject to the said mortgage the purchaser can, from time to time, enter into and possess or enjoy the land in question and its premises.

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Conveyance deed: Purpose

The purpose of a conveyance deed or a sales deed is to legally document that the seller of a property has transferred all the authority and the ownership regarding a property to the buyer. The implication of the conveyance of property document is paramount due to the legal technicalities. It is likely to save you from other kinds of fraudulent claims and activities.

Also read about Deemed conveyance


Who prepares a conveyance deed?

As mentioned in the article, the conveyance deed is legal documentation of the transfer of authority and ownership of a buyer. There is the intervention of the government to ensure that this is a legal transaction. To facilitate this process, there is a requirement of the lawyer, and in certain cases the real estate agent. They enable the two parties to systematically draw the deed.  Their help is often required as they know the legalities and are in terms of their requirements. The government obtains money or revenue from the registration of this conveyance deed of the stamp duty that is required for the deed.


Conveyance deed: Format

Real estate basics: What is a Conveyance Deed?


How to obtain conveyance deed?

The Conveyance Deed is executed on non-judicial stamp paper and registered by presenting it at the nearest Registrar’s office. Once the registration is done, the Stamp Duty and Registration Fee have to be paid. The Stamp Duty and registry charges are different state-wise.


There are certain things that one needs to be careful of while executing the conveyance deed.

  • Both the signing parties need to be present while the written document is being executed.
  • Their document has to be ultimately registered with the Sub-Registrar of Assurances. This is a compulsory step and cannot be skipped in any manner.
  • The execution of this document has to be attested by a minimum of two people.
  • The stamp duty is the way for the Government to obtain revenue out of this, it should be necessarily and unavoidably paid.
  • The implication of this process must be clearly understood by both the sprites partaking in this. There should be no ambiguity regarding the transfer of the property and the due ownership and the authority over it.  No party should engage in fraudulent activities.

See also: All about property registration laws in India

Conveyance deed: Documents required

  • Registered Agreement for sale entered into with the seller.
  • Mutation entries/ Property card.
  • Location plan.
  • City survey plan or survey plan from the revenue department.
  • Layout Plot plan approved by the local authority.
  • Architect certificate about the entitlement of undivided interest in the entire Layout Plot, common areas and the facilities by each of the entity or the structure constructed or to be constructed on such Layout Plot.
  • Certificate under Urban Land Ceiling Act, 1976.’
  • Building/ Structure Plan approved by the appropriate authority.
  • Commencement Certificate.
  • Completion Certificate.
  • Occupancy Certificate (exempted if not available).
  • List of owners.
  • Proof of payment of Stamp Duty.
  • Proof of Registration.
  • Development agreement or power of attorney or agreement for sale, if executed by the seller.
  • Draft conveyance deed / Declaration proposed to be executed in favour of the applicant.


Differences between an agreement to sell and conveyance deed

Since a registered agreement to sell initiates the process of property transaction, it could fall under the broad category of being a conveyance deed. However, it should not be confused with the sale deed, which ultimately acts as the proof of the completion of the transaction that was initiated through the execution of the agreement to sell.


Difference between conveyance deed and registry

Registry of property refers to the process where a property is transferred from one owner to another. The transaction is formalised through registration at the sub-registrar’s office after the stamp duty and registration charges are paid. The landowner is required to submit an application to register the property at the Land Registry Office.

Conveyance deeds, on the other hand, facilitate easier transitions of property rights and other land management tasks when suitably handled by qualified parties. The registry is a legal requirement in several countries while conveyance deeds are not required in most cases.


Conveyance deed vs sale deed

Conveyance deed Sale deed
Conveyance deed is transfer of property rights and ownership from one person to another and need not be for consideration Sale deed is needed when a property is sold to buyer in exchange of consideration
Consideration is not necessary Always involves consideration- monetary or non-monetary
Transfer of rights of the property for a limited time period Transfer of rights of the property is permanent.
While buyer can use the property, he can’t sell it. Buyer has the right to use and sell the property.


So, how do you explain conveyance deed vs sale deed? Any legal document that acts as a legal proof of transfer of property rights, fall in the broad category of conveyance deeds. That way, a sale deed is also a conveyance deed. Other property transfer documents that fall under the category of conveyance deed include gift deed, exchange deed, relinquishment deed, etc. This also means in conveyance deed vs sale deed, while all sale deeds are conveyance deeds, not all conveyance deeds are sale deeds.

What if the conveyance deed is lost?

If the conveyance deed is lost due to negligence of the banker, then, it is important to take the following steps:

  • The owner should file a police complaint as early as possible. Keep a copy of the first information report (FIR) securely, as home buyers may ask for it at the time of sale.
  • You can post an advertisement in a newspaper about the loss of the conveyance deed documents. You may have to wait till a specified time of about 15 days, to know if someone finds and returns the documents within the period.
  • One can prepare an affidavit and get the same notarised. It should include all the property details, FIR details and information about the notified newspaper ad.
  • You can get a legally certified copy of the conveyance deed from the sub-registrar’s office, where the property was registered. You will need to pay the specified charges and provide the relevant documents.


Conveyance deed: Key points to remember

All sale deeds are conveyance deeds but the converse is not true.
Conveyance deeds are governed under the Registration Act and executed on non-judicial stamp paper.
Once the conveyance deed is signed, it has to be registered at the local sub-registrar’s office, by paying the registration fee.
Details in a conveyance deed include names of the buyer and the seller, their addresses, demarcation of the property, title details, method of delivery of property, etc. 
The conveyance deed must  be signed by at least two witnesses with all their details included. 

Note: A conveyance deed, executed on a non-judicial stamp paper, must be registered. Once this is done, upon payment of the requisite fees, it is transferred in the public domain. The government receives its revenue in the form of stamp duty and registration charges.

Deemed conveyance deed

Once the state government issues a deemed conveyance deed, the law considers the deed to be executed even if the developer has not executed the conveyance deed. In order to have a deemed conveyance deed, one needs to apply with the required documents to the concerned authorities. The developer should also ensure that both the parties are present as the authority law would pass a judgment only after hearing both the parties.


Documents required for deemed conveyance deed

The following are the documents required for applying a deemed conveyance deed:

  • Relevant land documents such as land revenue, municipal records and the like.
  • A copy of the agreement between the landlord and the developer regarding the development of a property.
  • Registered and stamped agreement copies of each flat.
  • A copy of the approved building plan. 


Conditions for a deemed conveyance

The following are the conditions for being eligible for a deemed conveyance deed:

  • A minimum of 60% of the total number of flats in the property should be sold.
  • The flat owners should have formed a cooperative society at least 3-4 months before applying for a deemed conveyance.
  • There should be clear communication between this cooperative society and the builder where the builder has either promised to provide a complete conveyance deed or refused to provide for the same.
  • A resolution regarding the same should be passed before applying for a deemed conveyance deed. 


Can conveyance deed be challenged in court?

As per law, the Sale and Conveyance deed cannot be cancelled by the Registrar or additional commissioner / Commissioner of Corporation department, once it’s executed. However, a conveyance deed can be challenged and cancelled if the document was created with fraud or misrepresentation of information by the other party.



What is the difference between conveyance and contract?

Conveyance is transferring ownership of property from one person to the another. On the other hand, a contract is a legal document that binds two or more parties.

What is the purpose of the conveyance deed?

Conveyance deeds are legally used while selling your home. These are used to avoid any confusion on who is the owner of a property that is being sold.

What is Conveyance Deed?

A conveyance deed is a contract in which, the seller transfers all rights to the legal owner. The purchase of a property is not complete without a valid conveyance deed.

What is the difference between Conveyance Deed and Sale Deed?

The terms conveyance deed and sale deed are often used interchangeably and while they refer to the same contract, there is a subtle difference between the two. All sales deeds are conveyance deeds but conveyance deeds can also include gift, exchange, mortgage and lease deeds.

Can Conveyance Deed be cancelled?

According to Sections 31 to 33 of the Specific Relief Act, 1963, cancellation is possible when and if an individual feels that the deed is voidable or has a doubt that such a deed will cause him injury if left outstanding. If the deed was registered according to the laws prescribed in the Indian Registration Act, 1908 the cancellation may be executed by mutual consent of all parties.

Who may execute the conveyance deed?

Once the stamp duty and registration fees have been paid, the conveyance deed is executed by the seller and the buyer in the presence of two witnesses. The deed must be signed by all parties involved in the transaction.

What is the difference between conveyance deed and registry?

Property registry marks the final stage of a property transaction, where both parties, namely the buyer and the seller, sign the required paperwork. During this process, property ownership is formally transferred from one individual to another through the act of conveyance. This ensures that your property remains free from unwarranted claims, and any ownership disputes can be promptly resolved.

Can a conveyance deed be challenged in court?

A conveyance deed can be challenged in court under certain circumstances, such as when it has been executed through fraudulent or coercive means. To do so successfully, one must provide the court with evidence supporting their claim for challenge. It's important to note that an unregistered conveyance deed does not qualify as a valid title deed under the law, and as such, it can be contested in a court of law.

(With inputs from and Sunita Mishra)

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