WHAT IS LEGALLY MEANT BY A CONVEYANCE DEED

By Er. Sundeep Bansal CEV Group | CEV IAF RVO | Council of Engineers and Valuers (CEV INDIA)
For IBBI Valuation Practice Aspirants & Registered Valuers

Conveyance Deed: The Legal Backbone of Property Ownership in India

When it comes to buying, selling, gifting, or leasing property in India, the one document that acts as the legal cornerstone of ownership is the Conveyance Deed. While the term may sound technical, understanding its importance is crucial not only for buyers and sellers but also for valuation professionals, real estate advisors, and legal consultants. Without a valid conveyance deed, your right to property could be questioned, disputed, or even legally challenged.

Let’s explore what a Conveyance Deed is, why it is critical in real estate transactions, and how it impacts legal ownership and valuation.

What is a Conveyance Deed?

A Conveyance Deed is a legal document that transfers the ownership of immovable property—such as land, house, apartment, or commercial building—from one party to another. Whether you are purchasing a home, receiving property as a gift, or leasing out land, a conveyance deed is the legal instrument that finalizes the transaction and gives it legal validity.

It is also commonly referred to as a Sale Deed, Property Transfer Deed, or Title Deed, depending on the type of transaction.

Why is a Conveyance Deed Important?

Proof of Ownership
The conveyance deed acts as documentary evidence that you are the rightful owner of the property. In any legal or civil dispute, it serves as the key piece of proof.
Legal Enforceability
Without a registered conveyance deed, any claim to ownership can be considered legally weak. Courts and authorities require this document to validate ownership rights.
Ease of Selling or Mortgaging Property
A conveyance deed enables you to sell, lease, or mortgage your property smoothly. Banks and buyers will only recognize ownership based on this document.
Future Security
It safeguards your family and heirs from future ownership disputes, particularly in cases of inherited property or joint ownership.

The Process to Obtain a Conveyance Deed

Here’s how you can legally execute a conveyance deed:

Legal Consultation
Engage a qualified property lawyer to draft and review the document, ensuring it complies with applicable laws.
Drafting the Deed
The deed is prepared on non-judicial stamp paper and includes details like names of the parties, property description, transaction value, and terms of transfer.
Signing the Deed
Both the buyer and seller must sign the deed along with two witnesses to attest to the transaction.
Registration with the Sub-Registrar
The deed must be registered at the local Sub-Registrar Office as per the Indian Registration Act, 1908. Only then does it become legally binding.

Documents Required for Conveyance Deed

To execute a conveyance deed, the following documents are typically required:

Document Type	Examples
Identity Proofs	Aadhaar Card, PAN Card, Passport, Voter ID
Ownership Proof	Previous Sale Deed, Title Deed, Lease Deed
Property Agreement	Agreement to Sell, Gift Deed, Power of Attorney
Tax and Clearance Certificates	Property Tax Receipt, Encumbrance Certificate

Note: Document requirements may vary depending on the state, property type, and nature of the transaction.

Can a Conveyance Deed be Cancelled?

Yes, under certain legal grounds, a conveyance deed can be challenged and cancelled in court. This may happen if:

The deed was executed under fraud or coercion.
There are material errors or misrepresentations in the document.
The transaction violates any law or was executed without the consent of the legal heirs.

The cancellation must be initiated through a civil court by filing a specific suit, often under the Specific Relief Act, 1963.

Conveyance Deed vs. Sale Deed: Understanding the Difference

Aspect	Conveyance Deed	Sale Deed
Definition	Any deed transferring property ownership	A deed transferring ownership through a sale
Scope	Broad – includes sale, gift, lease, exchange	Narrow – only sale transactions
Purpose	Confirms legal transfer of title	Confirms sale is complete and ownership is transferred
Legal Status	Mandatory for all property transfers	Mandatory for sale-based transfers

So, a Sale Deed is a type of Conveyance Deed, but not all conveyance deeds are sale deeds.

Legal Reference: Where is it Defined?

The concept of conveyance deed is legally grounded in Section 53 of the Indian Transfer of Property Act, 1882, and is also interpreted in judicial decisions under the Indian Contract Act, 1872. It essentially states that ownership of immovable property can only be transferred through a written and registered agreement—i.e., a conveyance deed.

Conveyance Deed and Valuation Professionals

For valuation professionals, understanding the legal weight and structure of a conveyance deed is essential. During valuation assignments:

Legal title documents must be reviewed to establish ownership before valuation.
Valuers must ensure that the property’s transfer history is backed by a registered conveyance deed.
However, as per several High Court judgments, valuers are not required to certify the genuineness or legality of the conveyance deed—only to rely on the documents presented.

The Foundation of Ownership

A Conveyance Deed is not just a formality—it is the legal bedrock of property ownership in India. Whether you’re buying a flat, inheriting a family home, or leasing out farmland, this document is your primary defense in legal, financial, and civil matters.

For valuation professionals, legal consultants, and property buyers alike, awareness about conveyance deeds is a non-negotiable part of due diligence.