Conveyance deed is a broad legal instrument that effects the transfer of ownership or interest in property from one person to another, encompassing various forms of transfer including sale, gift, mortgage, lease, and exchange. Under Indian law, conveyance is defined in Section 2(10) of the Indian Stamp Act, 1899, and must be registered under Section 17 of the Registration Act, 1908 when it involves immovable property.
Legal definition
Section 2(10) of the Indian Stamp Act, 1899 provides a comprehensive definition:
Section 2(10): "Conveyance" includes a conveyance on sale and every instrument by which property, whether moveable or immoveable, is transferred inter vivos and which is not otherwise specifically provided for by Schedule I.
This definition is deliberately expansive. A conveyance deed is the genus of which a sale deed, gift deed, and exchange deed are species. The term encompasses any instrument that transfers property between living persons.
For apartment owners in Maharashtra, the term "conveyance" has specific significance under the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA) and RERA 2016, where "deemed conveyance" is a statutory right of housing societies to compel the developer to execute a conveyance deed transferring land and common areas.
How courts have interpreted this term
Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana [(2012) 1 SCC 656]
The Supreme Court held that immovable property can be legally and lawfully transferred or conveyed only by a registered deed of conveyance. The Court declared that no title passes without a registered conveyance deed — an agreement to sell, general power of attorney, or will cannot substitute for a conveyance. This ruling established that the conveyance deed is the sole legally recognised instrument for transferring title to immovable property.
Secretary, Jaipur Development Authority v. Daulat Mal Jain [(1997) 1 SCC 35]
The Supreme Court held that a conveyance deed is the culmination of a property transaction. Without it, the transfer remains incomplete regardless of payment or possession. The Court observed that the requirement of a registered conveyance serves the public interest by maintaining transparent records of property ownership.
City and Industrial Development Corporation v. Dosu Aardeshir Bhiwandiwala [(2009) 1 SCC 168]
The Court distinguished between a conveyance deed and an allotment letter, holding that an allotment letter merely creates a right to receive the conveyance in future but does not itself convey any proprietary interest. The conveyance deed is the instrument that completes the transfer.
Types of conveyance deed
- Conveyance on sale: The most common form, equivalent to a sale deed, transferring property in exchange for consideration.
- Conveyance by gift: A gift deed transferring property without consideration under Sections 122-129 of the TPA.
- Conveyance by exchange: Transfer of properties between parties under Sections 118-121 of the TPA.
- Deemed conveyance: Under Maharashtra's MOFA and RERA, housing societies can apply for deemed conveyance when the developer fails or refuses to execute a conveyance deed, transferring the land and building in favour of the society. The competent authority can execute the deed on behalf of the non-cooperating developer.
Why this matters
The conveyance deed is the ultimate evidence of property transfer in Indian law. While the term is sometimes used interchangeably with "sale deed," it is actually a broader concept. Understanding this distinction matters particularly in the context of cooperative housing societies and apartment complexes, where the conveyance of land from the developer to the society is a separate and critical legal step.
In Maharashtra, the absence of conveyance has been one of the most significant problems in real estate. Thousands of housing societies existed for decades without the developer executing a conveyance deed, leaving the land legally in the developer's name. The MOFA provisions for deemed conveyance and the subsequent RERA framework have provided statutory remedies, but the process remains complex and often litigated.
For practitioners, the key principle is that no transfer of immovable property is complete without a registered conveyance deed. Stamp duty on conveyance varies by state — in Maharashtra, it is typically 5-6% of the property's market value, while in Delhi it ranges from 4-6%. The Registration Act, 1908 requires all conveyances of immovable property to be registered with the Sub-Registrar within whose jurisdiction the property is situated.
Related terms
Parent concept:
Types of conveyance:
Related concepts:
Frequently asked questions
What is the difference between a conveyance deed and a sale deed?
A sale deed is a specific type of conveyance deed that transfers property in exchange for a price. A conveyance deed is a broader term that covers any instrument transferring property between living persons, including sales, gifts, exchanges, and mortgages. In common parlance, the terms are often used interchangeably for purchase transactions.
What is deemed conveyance in Maharashtra?
Deemed conveyance is a statutory right of housing societies in Maharashtra to obtain a conveyance of land and building from a developer who has failed or refused to execute a conveyance deed. Under MOFA and the Maharashtra Apartment Ownership Act, the Competent Authority (District Deputy Registrar) can execute the conveyance deed on behalf of the developer after following the prescribed procedure.
Is stamp duty payable on a conveyance deed?
Yes. Conveyance deeds attract stamp duty under the Indian Stamp Act, 1899 (or applicable state stamp acts). The rate varies by state and the nature of the transfer. Sale conveyances typically attract 3-8% stamp duty on the property's market value. Gift conveyances between family members may attract concessional rates in some states.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.