What Is A Conveyance Deed & Why is it Important?

Property owners have certain rights to use, lease, mortgage, or sell it. However, when an owner wishes to transfer these ownership rights to someone, an important document comes into the picture - the deed of conveyance.

So, what is a deed of conveyance? This agreement allows the seamless transfer of movable, immovable, or 'real' property rights from one party (seller or grantor) to another (buyer or grantee). A qualified lawyer, solicitor, or real estate professional can help you with the proper documentation and filing process.

Conveyancing deeds hold great relevance in real property transactions for various reasons. Besides providing a legal record of property settlements, they establish legal ownership, serve as collateral for loans, and aid in easy property sales. They also protect against legal disputes, safeguard your interests, and simplify future transactions.

What Are The Contents of A Conveyance Deed?

A conveyance deed is drafted on a non-judicial stamp paper that includes the following:

• Title
• The exact description of the property being transferred, including location, size, and any improvements to the property.
• Complete names, addresses, and other relevant information of both parties
• Details of transfer of ownership
• Receipt of payment of stamp duty.
• The sale price or consideration amount.
• Signatures of the buyer, seller, and witnesses.
• Other clauses include the power of attorney, notices, and any recording instructions.
• A declaration that the property is dispute-free and has been transferred to the buyer permanently with a clean title. This is done by registering through the local registrar's office and submitting an appropriate registration fee.

Types Of Conveyance Deeds

There may be different reasons to file a deed of conveyance. Therefore, to make it convenient, it is available in various formats, such as:

Freehold Property Conveyance Deed

This document provides complete ownership of the property to the grantee without any control from outside. Freehold properties are considered a reliable investment.

Leasehold Property Conveyance Deed

This agreement allows the grantee to enjoy the ownership rights of the property minus the land on which it is built. The grantee can use the property only for a specific period.

Mortgage Property Conveyance Deed

Done between a borrower (mortgagor) and a lender (mortgagee), this deed uses the property as a guarantee for a loan. The lender can recover their losses if the borrower falls behind on repaying the loan.

Documents Required For Conveyance Deed

Here is a checklist of essential documents to ensure a hassle-free filing process:

• Application Form
• Identity proofs for both parties.
• Property card and records
• Property title
• Property survey
• Tax clearance of property
• An architect attests to the layout of the plot.
• Details of registration and stamp duty payment.
• Encumbrance certificate that declares the property free from financial and legal liabilities.
• Payment proofs
• No objection certificate (NOC)
• Details of two independent witnesses
• Power of attorney (if applicable)

The document requirements can be different depending on the property location. You can ask a qualified lawyer to help you with the filing process.

What Is The Procedure To File A Conveyance Deed

Here is step by step account of the steps involved in executing the conveyance deed:

• Gather all the necessary documents.
• Reviewing the status of the property title.
• The buyer and seller draft a sale or purchase agreement. This agreement contains all the terms and conditions of the transfer of property.
• The deed is recorded on a non-judicial stamp paper of the same value as stamp duty.
• Payment of registration fees and stamp duty.
• The conveyance deed is signed by both parties and verified by two witnesses.
• Verification of documents by the Registrar.
• The deed is registered at the local sub-registrar's office to make it legally valid.

Different Modes Of Conveyancing

Depending on the circumstances, there are different ways of handing over ownership rights legally. These include - a sale deed, gift deed, lease deed, mortgage deed, or partition deed, among others. Each mode has different requirements to ensure that the deed is executed fairly. With the right legal help, you can provide a smooth and lawful transfer of assets.

Conveyance Deed vs. Sale Deed - Are They The Same?

While both the sale deed and conveyance deed involve the transfer of property ownership, the two terms have slight variations in meaning. A sale deed is a document that indicates the transfer of property from the buyer to the seller as a result of a sale. It is a permanent transaction and allows the buyer to treat the property as they deem fit.

Conversely, a conveyance deed lets you transfer property through gift, lease, mortgage, etc. It may or may not involve a permanent transfer of rights. A sale deed is a conveyance deed, but not all conveyance deeds are sale deeds.

Conclusion

Whether buying or selling property, having a conveyance deed in place is essential. It is also a necessary document while applying for home loans, as it provides proof of clear title to the property. SMFG Grihashakti is confident while providing loan assistance against conveyance deeds as collateral to a property with no liabilities. We offer home loans with quick disbursals, a 100% online application process, and attractive interest rates.