If your builder has handed over your flat but not yet executed a conveyance deed, or you have heard the term at the Sub-Registrar's office and are unsure what it means, you are right to take it seriously. A conveyance deed is the legal document that actually transfers ownership of immovable property from one person to another. Without it, your possession and payments may not amount to legal title. Let me reassure you that the concept is straightforward once explained, and the law gives you strong remedies if a builder or seller delays it. This answer explains what a conveyance deed is, how it differs from related documents, how it is registered, and what you can do if it is withheld.

The word "conveyance" simply means a transfer of property. Section 5 of the Transfer of Property Act, 1882 defines transfer of property as an act by which a living person conveys property, in present or in future, to one or more other living persons or to himself. Section 2(10) of the Indian Stamp Act, 1899 defines "conveyance" to include a conveyance on sale and every instrument by which property, whether movable or immovable, is transferred inter vivos and which is not otherwise specifically provided for by Schedule I. Article 23 of Schedule I prescribes stamp duty on conveyances.

In practical terms, a conveyance deed is the executed instrument by which the owner transfers title to the buyer. A sale deed is the most common type of conveyance deed. The terms are often used interchangeably, especially in real estate. However, "conveyance" is broader and can include other transfers such as gifts, exchanges under Section 118 of the Transfer of Property Act, and assignments. In the housing sector, "conveyance deed" usually refers to the deed by which a builder transfers a flat, or land and building, to buyers or their society.

The legal requirement is clear. Section 54 of the Transfer of Property Act requires a sale of tangible immovable property of one hundred rupees or more to be made by a registered instrument. Section 17 of the Registration Act, 1908 makes such instruments compulsorily registrable. Section 49 provides that an unregistered document that ought to be registered does not affect the property. Section 47 provides that a registered deed operates from the date of execution. So an effective conveyance deed must be properly stamped and registered.

It is important to distinguish a conveyance deed from an agreement for sale. Section 54 itself states that a contract for sale does not, of itself, create any interest in or charge on the property. An agreement for sale is a promise to transfer in future. A conveyance deed is the actual transfer. In Suraj Lamp and Industries Pvt. Ltd. v. State of Haryana, (2011) 1 SCC 656, the Supreme Court held that sale agreements, powers of attorney and Wills do not convey title; only a registered deed of conveyance does.

In the builder context, this distinction becomes critical. When you book a flat, you sign an allotment letter and an agreement for sale. When construction is complete and the occupancy certificate issued, you receive possession. But title passes only when the builder executes and registers a conveyance deed in your favour. Many buyers live in their flats for years without a conveyance deed, and are surprised to find they cannot easily sell, mortgage, or redevelop.

The Real Estate (Regulation and Development) Act, 2016 addresses this directly. Section 13 prohibits a promoter from taking more than ten percent of the price as advance without a registered agreement for sale. Section 11(4)(f) obliges the promoter to execute a registered conveyance deed in favour of the allottee, along with the undivided proportionate title in the common areas to the association. Section 17 requires the promoter to execute the conveyance deed and hand over physical possession, generally within three months from the date of the occupancy certificate, or as local laws provide.

Conveyance to the society or association of apartment owners is a separate but related concept. Once flats are sold, the land and common areas should be conveyed to the society, association or federation. State laws govern this. In Maharashtra, for instance, the Maharashtra Ownership Flats Act, 1963 obliges promoters to convey title to the society, and provides a mechanism commonly called deemed conveyance where the promoter fails to do so, through an application to the competent authority. Other states have Apartment Ownership Acts with their own provisions, so check your state's law.

A well-drafted conveyance deed contains several essential elements. It identifies the parties fully, recites the chain of title, describes the property precisely as required by Section 21 of the Registration Act, states the consideration and its payment, conveys all rights, title and interest, and records delivery of possession. For flats, it describes the carpet area, the undivided share in land, parking, and rights in common areas. It includes covenants for title, indemnity against defects, and the parties' respective obligations.

Section 55 of the Transfer of Property Act sets out the implied rights and liabilities of the parties. The seller must disclose material defects, produce title documents, answer questions about title, execute a proper conveyance when the buyer tenders it at the proper time and place, and deliver possession. The seller is deemed to warrant that the interest he professes to transfer subsists and that he has power to transfer it. Under Section 55(4)(b), the seller has a charge for unpaid price, and under Section 55(6)(b), a buyer who paid in advance has a charge for money paid.

Stamp duty is payable on a conveyance deed under Article 23 of Schedule I of the Indian Stamp Act, or the corresponding provision of your state's Stamp Act. It is calculated on the higher of the consideration and the circle rate or guideline value. Section 29 provides that, unless otherwise agreed, the grantee, that is the buyer, bears the duty. Insufficient stamping leads to impounding under Section 33 and inadmissibility under Section 35, with penalties up to ten times the deficit under Section 40.

The registration process follows the Registration Act. The deed must be presented at the Sub-Registrar's office where the property is situated under Section 28, by a party or authorised agent under Section 32, with photographs and fingerprints under Section 32A. The parties appear under Section 34, the officer verifies execution and identity, and registers under Section 35. The deed must be presented within four months of execution under Section 23, extendable by four months with a fine under Section 25.

Special kinds of conveyance deserve mention. When leasehold property allotted by a development authority is converted to freehold, the authority executes a conveyance deed in the lessee's favour on payment of conversion charges. When a court decrees specific performance and the defendant refuses to execute, the court can execute the conveyance under Order XXI Rule 34 of the Code of Civil Procedure, 1908. When a government sells property, the Government Grants Act and state rules may govern the form.

After registration, the buyer should apply for mutation in municipal and revenue records, transfer utilities, and obtain a fresh encumbrance certificate to confirm the deed has been indexed. Remember that mutation is a fiscal entry and does not create title, as the Supreme Court has repeatedly held. The registered conveyance deed is your title document and should be stored safely, with certified copies obtainable under Section 57 of the Registration Act if the original is lost.

For help with drafting, checking, or enforcing a conveyance deed, the legal experts at Aapka Legal Advice regularly act for homebuyers, housing societies and sellers. If your builder is delaying conveyance, or your society needs a deemed conveyance, a consultation with one of the Top property Lawyers in India| Aapka Legal Advice can help you choose between RERA, the consumer forum, the competent authority and the civil court.

Complex conveyance disputes, especially those involving large housing projects or allegations of double sale, often benefit from a senior judicial perspective. Aapka Legal Advice provides access to a panel of retired High Court and District Judges for consultation, who work alongside experienced criminal lawyers. The retired judges help assess title and forum strategy, while the criminal lawyers pursue builders or sellers who have cheated buyers or misappropriated funds.

Now let me explain your remedies if a builder refuses or delays conveyance. You may file a complaint before the RERA authority under Section 31 of the RERA Act for violation of Sections 11(4)(f) and 17. Under Section 18, where the promoter fails to complete or give possession as agreed, the allottee may seek refund with interest or interest for delay. RERA authorities can direct execution of the conveyance deed and impose penalties. Orders are enforceable, and appeals lie to the Appellate Tribunal.

Consumer remedies are also available. Failure to execute a conveyance deed amounts to deficiency in service under the Consumer Protection Act, 2019. You may approach the District, State or National Consumer Commission depending on the value of the claim. The Supreme Court has held that consumer and RERA remedies can coexist, and the buyer may choose the forum. Consumer commissions can direct execution of conveyance and award compensation.

Civil remedies remain important. You may file a suit for specific performance under the Specific Relief Act, 1963. Section 10 makes specific performance the general rule after the 2018 amendment, and Section 16 requires readiness and willingness. Article 54 of the Limitation Act, 1963 prescribes three years from the date fixed for performance or notice of refusal. You may also seek an injunction under Section 38 and Order XXXIX of the Code of Civil Procedure to prevent sale of your flat to someone else.

If a conveyance deed has been registered through fraud, for example by impersonation or on the basis of forged title, it can be challenged. Section 31 of the Specific Relief Act permits a suit for cancellation of a void or voidable instrument, with the decree sent to the registering officer. Article 59 of the Limitation Act prescribes three years from knowledge of the facts. The Supreme Court in Thota Ganga Laxmi v. Government of Andhra Pradesh, (2010) 15 SCC 207 held that a registered deed cannot be cancelled unilaterally; the civil court is the proper forum.

Criminal law also applies. Builders or sellers who take money for flats and then sell them to others, or who forge documents, may be liable under the Bharatiya Nyaya Sanhita, 2023 for cheating under Section 318, criminal breach of trust under Section 316, forgery under Section 336, and using a forged document under Section 340. Section 82 of the Registration Act penalises false statements and personation. Lodge an FIR under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and approach the Magistrate under Section 175(3) if the police do not act.

If you are falsely accused in a conveyance dispute, perhaps as a society office-bearer or seller, you are not without protection. You may seek anticipatory bail under Section 482 of the BNSS and regular bail under Sections 480 and 483. The High Court may quash an FIR under Section 528 BNSS where the dispute is essentially civil. Courts consistently discourage criminal proceedings being used as leverage in commercial property disputes.

Constitutional principles support these remedies. Article 300A guarantees that no person shall be deprived of property save by authority of law. Article 14 requires authorities to act fairly in registration and deemed conveyance proceedings, and Article 226 allows the High Court to correct arbitrary action. The draft Registration Bill circulated by the Department of Land Resources in 2025 proposes further changes to registration processes, so verify its current status before relying on it.

Further recourse is available for losses suffered. You may claim damages for delay and mental agony before consumer commissions, and interest under Section 18 of RERA. If someone falsely and publicly accuses you of fraud, criminal defamation under Section 356 of the Bharatiya Nyaya Sanhita and civil defamation for damages are available, and malicious prosecution may be pursued after an acquittal.

Let me leave you with practical advice. Before buying, check whether the seller holds a registered conveyance deed and whether the society has received conveyance of the land. For new flats, insist on a registered agreement for sale and a firm timeline for conveyance. Keep all payment receipts, the occupancy certificate and correspondence. If the builder delays, send a legal notice, then approach RERA or the consumer commission promptly.

To conclude, a conveyance deed is the registered instrument by which title to immovable property passes from one person to another, most commonly as a sale deed, governed by Section 54 of the Transfer of Property Act, Section 17 of the Registration Act and Article 23 of Schedule I of the Indian Stamp Act. Builders are bound by Sections 11(4)(f) and 17 of RERA to execute it, and strong civil, consumer, RERA and criminal remedies exist if they do not. If you do not yet hold a registered conveyance deed, act promptly and take expert advice, because only that document makes you the owner in the eyes of the law.