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Conveyance Deed: All You Need to Know About It

Jun 29, 2023
5 mins read
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Jun 29, 2023
5 mins read

Introduction

A conveyance document is essential in transferring ownership from the seller to the buyer when it comes to real estate transactions. It is a crucial legal document that specifies the parties' rights and obligations, proves who owns what, and proves ownership. We shall examine the specifics of a transfer deed, its importance, and the procedure involved in this post. Understanding the conveyance deed is crucial whether you're a buyer or a seller if you want to negotiate the real estate market confidently. 

A conveyance deed

Often referred to as a sale deed or a deed of conveyance, it is a legal instrument that transfers ownership rights to a piece of property from the seller (the vendor) to the purchaser (the vendee). It is a legal document that stipulates the terms and conditions of the property transfer and serves as proof of the deal. The importance of a conveyance deed cannot be understated in the property sector. 

Function and Importance

The conveyance deed is crucial in a real estate transaction and performs many functions. It 

  • Changes Ownership

 A conveyance deed is primarily used to transfer property ownership from the seller to the buyer legally. 

  • Establishes Rights and Responsibilities

It outlines the rights and responsibilities of both the buyer and the seller, including any encumbrances, liabilities, or obligations associated with the property.

  • Provide Transparency

The conveyance deed guarantees a clear and unambiguous transfer of ownership, which also protects both parties legally. It assists in settling any future disputes or claims. 

  • Serves as Proof of Ownership

The conveyance deed satisfies the buyer's ownership requirements and gives them the legal documentation they need to prove their property ownership. 

Contents of a Conveyance Deed

A conveyance deed typically includes the following essential information:

  • Details of the Parties: 

It contains the names, addresses, and other identifying information of the seller (vendor) and the buyer (vendee).

  • Property Description:

 The conveyance deed provides a detailed description of the property, including its location, dimensions, boundaries, and any other relevant details.

  • Purchase Price: 

It specifies the agreed-upon purchase price of the property and the mode of payment.

  • Rights and Liabilities: 

The conveyance deed outlines the rights and liabilities of the parties, including any encumbrances, easements, or restrictions on the property.

  • Transfer of Ownership: 

It clearly states the intention to transfer ownership rights from the seller to the buyer.

  • Signatures and Witnesses: 

The conveyance deed requires the signatures of both the seller and the buyer, along with the signatures of two witnesses.

Process of Creating a Conveyance Deed: 

The process of creating a conveyance deed involves the following steps:

  • Drafting the Deed: 

A legal professional, such as a lawyer or a conveyancer, typically drafts the conveyance deed, ensuring that all necessary clauses and details are included.

  • Stamp Duty and Registration: 

The conveyance deed must be executed on stamp paper of appropriate value, as per the prevailing stamp duty rates in the respective state. It is then registered at the sub-registrar's office within the stipulated time frame to make it legally valid.

  • Execution and Handover: 

Once the conveyance deed is prepared, both the seller and the buyer need to sign the document in the presence of at least two witnesses. The original deed is handed over to the buyer.

  • Completion of the Transaction: 

The conveyance deed signifies the completion of the property transaction, and the buyer officially becomes the property's new owner.

Importance of Registered Conveyance Deed: 

Registering the conveyance deed is of utmost importance as it provides legal validity and protection to the transaction. Registration ensures that the deed becomes a public record and can be used as evidence in case of any future disputes or claims. It also helps establish the priority of ownership rights in case of multiple claims.

As a legally enforceable contract that transfers ownership rights from the seller to the buyer, a conveyance deed is essential in real estate transactions. It specifies the roles and obligations of the people concerned and serves as evidence of ownership. Anyone involved in purchasing or selling real estate must thoroughly understand the conveyance deed to ensure a successful and legally acceptable transaction. It is one of the building blocks in terms of transactions across individuals. 

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