Deed of Conveyance

Every property purchase ends with one document that actually matters in law. Not the booking form, not the allotment letter, not even the payment receipts. It is the Deed of Conveyance, the paper that moves ownership from one person to another and puts your name on record as the owner.

Many buyers hear this term for the first time at the registration office and nod along without understanding it. That is risky. This guide explains the Deed of Conveyance in plain words: what it means, its types, the clauses inside it, the documents you need, what it costs, and the special case of housing societies where builders delay handing over title for years.

A Deed of Conveyance is a legal document that transfers ownership of immovable property from one party to another. Once it is signed, stamped and registered, the buyer becomes the legal owner in the eyes of the law.

The word "convey" simply means to carry or pass on. Here, what passes on is ownership, along with all the rights attached to it.

Two parties appear in every such document:

The document draws its authority from the Transfer of Property Act, 1882, and it must be registered under the Registration Act, 1908.

Think of a property as a locked house. The agreement to sell is a promise to hand over the keys. The conveyance deed is the actual handing over of those keys, recorded by the government so nobody can deny it later.

Without this document, you may have paid the full amount and even moved in, but the law still does not treat you as the owner.

People use these two terms as if they mean the same thing, and in daily conversation they almost do. The real difference is one of range.

So every sale deed is a conveyance deed, but not every conveyance deed is a sale deed. A gift deed given to a daughter and a lease deed for 99 years are both conveyance deeds, though no sale takes place.

A title deed is not really a separate document you apply for. It is any document that proves ownership, and the registered conveyance deed is the main one. Put simply, the conveyance deed is the paper; the title is the right that paper gives you.

The full ownership of land and building passes to the buyer, with no time limit and no ground rent. This is the strongest form of ownership.

Rights pass for a fixed period, often 30, 60 or 99 years. The land continues to belong to the original owner or the authority. Many government allotted plots in India are leasehold and can later be converted to freehold.

Ownership passes fully, with no conditions attached. The buyer can use, rent or resell the property freely.

The transfer depends on a condition being met, such as the balance payment being cleared within a set time. If the condition fails, the transfer can be cancelled.

These are conveyance deeds too. A gift deed transfers property without any money. An exchange deed swaps one property for another. A relinquishment deed lets a co-owner give up his share in favour of another co-owner.

This one applies to apartment projects. Here, the builder transfers the land and common areas to the association of flat owners. Individual flat buyers already hold their own conveyance deeds for their flats, but the land beneath the building and the common spaces need a separate transfer.

Every properly drafted document contains a set of standard parts.

Read the property schedule carefully. A wrong measurement or a missing boundary detail here causes more disputes than any other clause.

Keep these ready before you go to the Sub-Registrar office:

For property worth ₹50 lakh or more, the buyer must also deduct 1% TDS and file Form 26QB, then hand the certificate to the seller.

The steps are the same across most of India, with small local differences.

Registration itself usually finishes in a single visit if the paperwork is in order, though delivery of the final scanned copy may take a few more days.

Stamp duty is the state tax you pay to make the document legally valid. In Rajasthan the rates are:

The duty is calculated on the DLC rate or the actual transaction value, whichever is higher. The DLC rate is the minimum value fixed by the District Level Committee for each locality, and you can check the DLC rate in Jaipur for your area on the state registration portal before you budget.

By custom and in most agreements, the buyer pays the stamp duty and registration charges. It can be agreed otherwise in writing, but that is rare.

Rates change from time to time, so confirm the current figure at the sub-registrar office in Jaipur or online before you pay.

This is where many apartment owners get stuck, and it deserves attention.

When you buy a flat, your own deed covers the flat. But the land on which the building stands, along with the staircases, lifts, parking, terrace and open spaces, has to be transferred to the association of apartment owners. Until that happens, the builder technically still holds the land.

Why it matters:

Under RERA, the promoter is required to execute the conveyance in favour of the allottee or the association of allottees within the time set by state rules, after receiving the occupancy certificate. Rajasthan also has the Rajasthan Apartment Ownership Act, which deals with the rights of apartment owners over common areas.

Some builders delay this transfer for years, either out of neglect or to keep control of unsold parking and terrace space.

Several states provide a route called deemed conveyance, where the competent authority can pass an order transferring the land to the society even without the builder's signature. The society applies with its records, flat owners' agreements, approvals and proof of the builder's failure to act. Once the order is passed, the society registers the document and the land finally comes into its name.

If your society is facing this, start by writing to the builder formally and keeping a record of every reply.

Most states now allow you to verify registered documents digitally. In Rajasthan, the e-Panjiyan portal of the registration and stamps department lets you search registered documents, view DLC rates and apply for certified copies.

What to verify:

If anything looks unclear, get a certified copy from the Sub-Registrar office rather than relying on a photocopy given by the seller.

Jaipur's market covers everything from old city havelis to new high rise projects, and the paperwork differs a great deal between them.

Before booking in a new project, check its registration on the RERA site (rera.rajasthan.gov.in). The portal lists the promoter details, approvals, timeline and quarterly progress, which tells you whether the project is on track.

Buyers comparing apartments in Jaipur should ask one direct question early: when will the sale deed be executed, and what documents will be given at that time. For ready to move flats in Jaipur, the occupancy certificate should already exist, so registration can happen quickly. For under construction options in growing areas such as Jagatpura, the deed follows completion, so the agreement terms matter more.

Whether you are looking at compact units, 3 BHK flats in Jaipur or larger 5 BHK flats in Jaipur, the principle stays the same. Possession is not ownership. Only the registered deed in your name makes you the owner.

If you are buying a resale flat, ask for the seller's own registered deed, the chain of earlier documents, the society NOC and a fresh Encumbrance Certificate. Those four together tell you most of what you need to know.

A Deed of Conveyance is short, technical and easy to rush through. It is also the only document that makes the property truly yours.

Verify the title before you sign. Read every line of the schedule. Pay the correct stamp duty. Register it without delay. And once it is done, keep the original safe and apply for mutation, because ownership on paper should match ownership in government records.