Let’s face it: buying a home in India comes with its fair share of legal paperwork. From occupancy certificates to NOCs, you’ll have signed a ream-worth of papers before you finally get the keys.
But none of the documents are as important as the conveyance deed. It’s the legal certificate that officially puts your new home under your name.
Considering how crucial this deed is, buyers should clearly understand the process, documentation, and due diligence required to procure it.
Here’s an in-depth guide to help you out.
What is a conveyance deed?
Simply put, it’s a legal document that establishes the transfer of ownership from the seller to the buyer.
It’s filled with key details like the property description, the names of the old and new owners, any existing encumbrances or liens on the property, and the transaction amount.
It’s got to be signed by both the seller and you, then verified by at least two witnesses. Once that’s done, it’s off to the local registrar’s office for final registration.
With the conveyance deed meaningclear, let’s move on to its various types.
Types of conveyance deeds
A conveyance deed differs depending on the property type and nature of the transaction. Below are some of the common types:
● Deed of Freehold Property:
The deed associated with a freehold property grants the buyer complete authority and rights over the property. Once the transaction is complete, the seller provides this deed as a final legal document, establishing the buyer’s total ownership.
● Deed of Leasehold Property:
Unlike freehold properties, here, the buyer acquires rights to the property but not the land it stands on. Leasehold properties are owned for a predetermined period, after which the ownership reverts to the landlord. Hence, the deed for such properties spells out the terms of limited ownership.
● Relinquish Deed:
Inherited properties often have multiple claimants, and a relinquish deed is issued when co-owners decide to renounce their rights and claims on the property. By doing so, they transfer the rights to another co-owner, with the deed ensuring that the ownership rights are clearly defined, and the transaction is carried out in good faith.
● Deed Subject to Mortgage:
This conveyance deed allows the owner to have access to the mortgaged property. But it comes without permanent residency rights and limited access to the premises and facilities.
● Gift Deed:
This is used to transfer ownership of a property or assets from one person or entity to another as a gift. This transaction doesn’t include monetary exchange or other considerations and can occur between family members, friends, or other individuals or entities.
Are sale deeds the same as conveyance deeds?
Although used interchangeably, a sale deed and a conveyance deed don’t always mean the same. Think of it this way–all sale deeds are conveyance deeds, not vice versa.
Yes, a deed of conveyance may pertain to property ownership transfer in the form of a mortgage, gift, exchange, lease, etc. On the other hand, a sale deed only applies to the transfer of ownership through a property sale. In a way, a sale deed is a type of a deed of conveyance.
Why is it important?
Apart from establishing your legal ownership over a property, the conveyance deed also serves additional purposes, including:
Proof of Sale: It serves as tangible proof that the property has changed hands from the seller to the buyer, forming a solid basis to resolve any future legal disputes regarding the sale.
Protection for the Buyer: This deed provides a safety net, ensuring that you hold the legal right to sell the property and that no undisclosed liens or encumbrances are lurking.
Impose Property Rights: In legal disputes, the conveyance deed can be invoked to enforce your property rights, whether the right to use, enjoy, exclude others from, or sell/transfer the property.
Documents Required for Conveyance Deed
Here are the essential documents you need to execute a conveyance deed:
1. Sale agreement of property: This document records the seller’s commitment to sell the property to the buyer, including the agreed price and terms.
2. Location plan and survey plan: This should be obtained from the revenue department to verify the property’s exact location and dimensions.
3. Structure plan and layout plan: These plans, which depict the building’s structure and layout, must be approved by the relevant authority to confirm compliance with local regulations.
4. Mutation entries/Property card: These entries are found in the revenue records and indicate the transfer of property ownership. This document, also known as a property card, is crucial for establishing ownership history.
5. Certificates such as Completion Certificate, Commencement Certificate, architect certificate, and Occupancy Certificate (exempted if not available),
6. A list of all previous owners
7. Power of attorney or development agreement: This document is required only if the seller executes the deal.
8. Stamp duty registration: If the actual stamp duty registration document is not available, a receipt of the stamp duty fees paid can be accepted as proof.
9. A draft of the conveyance deed: This draft outlines the terms of the property transfer and serves as evidence in case of any disputes regarding the sale, ensuring both parties are protected legally.
Conveyance Deed vs Sale Deed
Feature
Conveyance Deed
Sale Deed
Definition
A legal document that transfers property ownership from one party to another, encompassing various types of transfers like gift, exchange, mortgage, or lease.
A legal document that specifically transfers ownership of property from the seller to the buyer through a sale.
Parties Involved
Seller (transferor) and Buyer (transferee).
Seller and Buyer.
Consideration
It may or may not involve monetary consideration
It always involves monetary consideration for the property.
Transfer of title
The buyer only has the right to use the property but not sell it.
The buyer can use or sell the property
Right to sell
In this case, the transfer of rights, title, and ownership to the buyer can be temporary.
There’s a permanent transfer of rights, title, and ownership to the buyer.
Obtaining a conveyance deed: a step-by-step process
Here’s a step-by-step breakdown of the conveyance deed registration process:
1. Title Verification:
The first step is verifying the property title and ensuring the seller has the legal right to sell the property. You can opt for the services of a legal professional to scrutinise the title deeds and ascertain no encumbrances or disputes associated with the property.
2. Sale Agreement:
Once the title is clear, you can draft the sale agreement. This agreement between the buyer and the seller outlines the terms and conditions of the transaction, including the sale amount. It serves as the foundation for the conveyance deed.
3. Stamp Duty and Registration Fees:
Next, you must pay the deed’s stamp duty and registration fees. The stamp duty is a tax levied by the government, and its rate may vary from one state to another. It’s a mandatory step of the homebuying process.
4. Execution and Registration of Conveyance Deed:
After the stamp duty registration, both parties need to sign the deed in the presence of two witnesses, formalising the transfer of ownership on paper. Before signing, ensure the conveyance deed format is correct to avoid any discrepancies in the future.
Lastly, you must register the deed with the Sub-Registrar of Assurances within four months of execution. You must submit the original deed, the necessary documents, and the fee payment.
Final thoughts
Your property purchase is incomplete without a conveyance deed in place. Ignoring the procedure associated with the deed can seriously affect your home buying journey. If you’re unsure how to proceed at any step of the process, it’s advised that you consult a legal expert.
For any financial assistance with your property purchase, you can turn to Tata Capital. With our affordable home loans, fast processing, and hassle-free documentation, you can live in your dream home without any worries.
Head over to our website today to check out our loan options.
1. What is the difference between a sale deed and a conveyance deed?
A sale deed specifically transfers property ownership from the seller to the buyer for a price, making it a type of conveyance deed. Conversely, a conveyance deed is a broader term encompassing various types of property transfers, including sales, gifts, leases, and mortgage deeds. Essentially, all sale deeds are conveyance deeds, but not all conveyance deeds are sale deeds.
2. Is a conveyance deed necessary for a home loan?
When applying for a home loan at Tata Capital, you need to submit only a few documents for a smooth approval process. These include proof of identity (Aadhar card, passport, or driver's license), proof of residence (utility bills or rental agreement), and proof of income (salary slips, bank statements, and income tax returns). Additionally, property documents like the sales deed, property tax receipts, and NOC from relevant authorities are required.
3. What is the difference between registry and conveyance deed?
A conveyance deed is a legal document that transfers property ownership from one party to another. The registry, on the other hand, is the process of officially recording this conveyance deed with the local land or property registration authority. While the conveyance deed details the transfer terms, the registry ensures that the transfer is recognized and legally binding, updating the official land records.
4. What is conveyance in transfer of property?
Conveyance in property transfer refers to the legal process of transferring ownership rights from one person to another. This involves executing a conveyance deed, which documents the transfer and includes essential details such as the property description, parties involved, and terms of the transfer. It ensures that the new owner's rights are legally recognized and protected, providing clear proof of ownership.
20 December 2024
7 mins read
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