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Deeds and agreements · Differences

Sale deed vs Conveyance deed

A conveyance deed is any deed that transfers title in property from one person to another; a sale deed is the commonest kind, where the transfer is for a price. In everyday use the two are often the same document. In Maharashtra, "conveyance" also means the builder transferring the land and building to the housing society.

Side by side

FactorSale deedConveyance deed
ScopeTransfer for a priceAny transfer of title: sale, gift, exchange, mortgage and others
RelationshipOne type of conveyanceThe wider category
RegistrationCompulsoryCompulsory for immovable property transfers
Stamp dutyDuty on conveyance, set by the stateDepends on the kind of transfer and the state
Housing society usageNot usedBuilder's transfer of land and building to the society (Maharashtra)
Leasehold to freeholdNot usedAuthorities issue a conveyance deed on conversion

When Sale deed matters

When you buy a flat or house for a price, the document that transfers it is a sale deed.

When Conveyance deed matters

If you own a flat in a Maharashtra society, check whether the builder executed the conveyance to the society; if not, the society can seek deemed conveyance.

In more detail

Under the Maharashtra Ownership Flats Act, the builder must convey the land and building to the society or association. Where a builder fails to do so, the society can apply to the competent authority for deemed conveyance.

When a development authority converts leasehold property to freehold, it issues a conveyance deed to the owner; see the freehold and leasehold guide.

Common questions

Is a conveyance deed the same as a sale deed?

A sale deed is a kind of conveyance deed. All sale deeds are conveyances; not all conveyances are sales.

What is deemed conveyance?

In Maharashtra, an order by the competent authority transferring land and building to a society when the builder has not executed the conveyance.

Does a conveyance deed need to be registered?

Yes, a deed transferring immovable property must be registered under the Registration Act.

Sources

  • Transfer of Property Act, 1882
  • Registration Act, 1908, section 17
  • Maharashtra Ownership Flats Act, 1963, section 11

A plain-language summary, not legal or tax advice. Rules set by states differ and change; check the current position for your property.

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