Conveyance Deed
The umbrella document that transfers property ownership — every sale deed is one; Maharashtra societies can force 'deemed conveyance' from defaulting builders.
Definition
A conveyance deed is the registered legal instrument that transfers ownership rights in immovable property from one person to another. It is an umbrella term: the transfer can be by sale (sale deed), gift (gift deed), exchange, or lease. Every sale deed is a conveyance deed, but not every conveyance deed is a sale deed — a gift deed conveys property with no price paid, for instance. Whatever the mode, the deed must be stamped and registered with the sub-registrar to legally pass title; the Supreme Court has held that a registered deed of conveyance is the only lawful way to transfer immovable property.
In the apartment context, conveyance has a second, crucial meaning: after a building is complete, the builder is supposed to execute a conveyance deed transferring the land and structure to the housing society or association of owners. Until this happens, the society does not hold title to its own land — which blocks redevelopment, limits control over common areas, and leaves owners exposed if the builder mortgages or exploits the land.
Because builders frequently delay or refuse this transfer, Maharashtra created the remedy of deemed conveyance under the Maharashtra Ownership Flats Act framework: if the promoter fails to convey the property to the society within the stipulated period (four months, absent an agreed timeline), the society can apply to the competent authority, which can order conveyance in the society's favour without the builder's cooperation. Once granted, the society gets the same rights as if the builder had executed the deed voluntarily.
Example
Twelve years after the last flat was sold, the Mumbai society finally obtained deemed conveyance of its land because the builder had never executed the conveyance deed.
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Sources
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