Conveyance Deed​ In Maharashtra

A conveyance deed in Maharashtra is a crucial legal document that facilitates the transfer of ownership rights of a property from the seller to the buyer. Whether purchasing a residential flat, commercial space, or land, registering a conveyance deed ensures clear and undisputed ownership. It serves as legal proof of property transfer and is essential for securing loans, avoiding disputes, and facilitating future transactions. This guide delves into the importance, types, key elements, and legal process of executing a conveyance deed in Maharashtra, along with updated stamp duty and registration charges.

Understanding The Meaning Of Conveyance Deed In Maharashtra

In India, the transfer of ownership of any real estate property requires a legal document known as a conveyance deed. The conveyance deed formally transmits rights, title, and ownership interest in a property from one party to another. It is the legal proof of the sale and purchase of a property.

What Is Conveyance Deed​?

A conveyance deed is a legal document executed between the “transferor” (seller) and the “transferee” (buyer) that transfers the ownership of a property. In Maharashtra, this document is key to having an ownership that is clear and above dispute. It contains particulars related to the transfer like the description of the property, the amount of consideration, and the rights and duties of the parties. As such it is the last step and the most important step towards the completion of the property transfer exercise.

Importance Of Conveyance Deed​

A conveyance deed is an important document in Maharastra since it provides:

Legal Proof of Ownership

Upon registration, the conveyance deed becomes the final piece of evidence that proves the owner holds the estate, ultimately protecting them against future controversies.

Protection Against Fraud

A systematically registered conveyance deed serves the owner's concerns regarding impersonation and guarantees the title is devoid of any limitations.

Facilitates Future Transactions

Every deed that would intend to sell, mortgage, or will the estate must have an order of a registered and unchallenged conveyance deed.

Access to Loans and Mortgages

Proof of ownership which is, a registered conveyance deed is a prerequisite before loans against the estate or mortgages are provided by financial institutions.

Key Element Of Conveyance Deed​ In Maharashtra

The key elements of sale deed in Maharashtra are as follows:

Parties Involved

Proper and precise identification of the transferor (seller) and transferee (buyer), entails mentioning their full legal names, addresses, and PAN particulars. This diagnostic detail alleviates the concern of potential future arguments regarding the validity of the concerned parties’ identity in the transfer of property.

Property Description

It is critical to provide an account of the property that encompasses the exact place along with its location, survey and plot numbers, size, and the area’s demarcation. This thorough coverage of the description avoids confusion and confirms that both parties understand what portion of the property is subject to transfer.

Consideration Amount

The conveyance deed should and must contain the consideration amount, which is indicative of the sale price the parties agreed upon for the property. It indicates the financial worth of the transaction, thus serving as the basis for stamp duty and registration fees applicable to the transaction.

Transfer Of Title

There should be a recital into the deed granting the transferee full title to the property without qualification stemming from the transferor. It implies the conveyance of the entire bundle of actual rights, interests and ownerships over the subject property.

Encumbrances

The transferor should sign a declaration that the land is free from any encumbrances such as mortgages, liens, or any legal matters. This declaration shall secure the transferee from any legal or financial charge that can arise as a result of owning the property.

Possession

The transactions to be covered by the conveyance deed need to stipulate the specific date where the actual handover of the property will take effect. This clause essentially indicates the date the transferee shall have the legal right to use and enjoy the property so that disputes regarding possession timelines are avoided.

Stamp Duty and Registration Details

The document must include the amount of stamp duty paid as well as receipt details. Furthermore, it should capture the registration number and the location of the sub-registrar's office where the document was registered.

Types Of Conveyance Deed​ In Maharashtra

The types of conveyance deed are as follows:

Sale Deed

Sale Deed is the most common type, It is used to capture ownership in property transfers in return of a fee. It concludes the trade that a seller transfers his rights to a buyer in return for a certain amount.

Gift Deed

In the case of a gift deed, a property is assigned without consideration so that it shows. It is applied when a person wants to give away his property to some other person.

Also Read : Supreme Court Judgement On Cancellation Of Gift Deed

Mortgage Deed

This is what is prepared when the property is pledged to secure a loan from the lender and hence, gives the lender a claim over the borrower’s property. It lays down the property claim rights in the event the borrower ceases to perform his obligations under the loan.

Lease Deed

A lease deed such as this one allows one to possess a property for a certain period of time as stated without transferring title. It creates the relation between landlord and tenant stipulating the conditions of use of the premises.

Partition Deed

This type of deed is required to partition a property held under common ownership between the owners apportioning interest to each. It makes and provides for the carve-out of a common property into separate legal ownership interests.

Legal Process Of Executing A Conveyance Deed In Maharashtra

The execution of a conveyance deed in Maharashtra involves a structured legal process to ensure its validity and enforceability.

Step-by-Step Process Of Conveyance Deed Registration Offline In Maharashtra

The steps for registering a conveyance deed offline in Maharashtra are:

1. Drafting The Deed: Consult a legal professional to draft a conveyance deed. Incorporate all necessary clauses and details.
2. Verification Of Documents: Both the party should check if all the documents are complete and accurate.
3. Payment of Stamp Duty: Pay the stamp duty as per your local jurisdiction via online or offline mode. Online payment can be done through GRAS (Government Receipt Accounting System).
4. Online Registration: Visit https://eregistration.igrmaharashtra.gov.in/ to register and submit documents as instructed. Upload the digital copy of the deed and supporting documents. Even with the online option, you need to visit the Sub-Registrar’s office for further proceedings.
5. Schedule An Appointment: Schedule an appointment for registration with the sub-registrar’s office.
6. Presenting the Deed for Registration: The parties from both sides and two witnesses along with original documents, are required to appear before the Sub-Registrar.
7. Verification and Thumb Impression: The documents get verified by the Sub-Registrar. Thumb impressions and photographs of both parties are captured.
8. Registration and Issuance of Receipt: The deed gets registered and the sub-registrar office issues a receipt for the same.
9. Collection of Registered Deed: A person can collect the deed after a few days.

List Of Documents Required For Conveyance Deed In Maharashtra

One needs the following documents to register a conveyance deed in Maharashtra:

• Aadhar Card Of Both The Parties
• Both Parties' and witnesses' photographs
• Original Deed
• Property Card (7/12 extract)
• Index II
• Stamp Duty Payment Receipt

How To Check Conveyance Deed Online

Complete conveyance deed papers are not available on the net usually. Index II can be viewed online on the Maharashtra Registration and Stamps Department website. It provides information about the registered transactions of a property. In addition, by using the IGR Maharashtra portal, some information related to registered documents can be cross-checked.

Stamp Duty And Registration Fees In Maharashtra

In Maharashtra, the transfer of property through a conveyance deed necessitates the payment of stamp duty and registration fees.

Stamp Duty Fees (2025 Update)

Stamp duty is a state government tax on property deals. The rates vary depending on the place of the property (urban or rural) and its market value. On the whole, urban cities like Mumbai, Pune, and Nagpur charge more rates of stamp duty compared to rural areas. You need to visit the official website of the Inspector General of Registration and Stamps (IGR Maharashtra) to get the latest and correct stamp duty rates, as these keep changing from time to time.

As a thumb rule, rates may be anywhere between 3% to 7% of the market value of the property, with there being slabs and conditions.

Registration Fees

In addition to stamp duty, registration charges are also levied to register the conveyance deed legally in the government records. Registration charges are usually a percentage of the market value of property but generally up to a certain amount. Like stamp duty, the registration charges are available on the official website of IGR Maharashtra. Registration charges are normally 1% of the property value, but the prevailing rates should be ascertained.

Supreme Court Judgement On Conveyance Deed In Maharashtra

One such judgment is as follows:

Godrej & Boyce Mfg.Co.Ltd. & Anr vs State Of Maharashtra

The Supreme Court, in this case, settled whether a plain Section 35(3) Indian Forest Act notice is equivalent to "private forest" status under the Maharashtra Private Forests (Acquisition) Act, 1975. It ruled that it is not, and demands a broader meaning of "issued." The court invoked Godrej's case, wherein the property was acquired in 1948, then the subject of a 1956 notice.

Despite what happened thereafter, including a 1962 consent decree and heavy building, the state claimed the property as a "private forest." Reversing the High Court, the Supreme Court ruled that the notice alone was insufficient, and the state's acquiescence over decades excluded the demolition of the structures. The court emphasized the need for a contextual construction of the applicable statutes.

Conclusion

A conveyance deed in Maharashtra is a vital legal document that ensures a secure and legally recognized transfer of property ownership. From protecting buyers against fraud to enabling smooth property transactions, its importance cannot be overstated. Understanding its key elements, legal process, required documents, and associated costs like stamp duty and registration fees is essential for property buyers and sellers. Whether executing a sale deed, gift deed, or mortgage deed, proper registration is crucial to establishing legal ownership. To avoid disputes and ensure a hassle-free transfer, always consult legal experts when drafting and registering a conveyance deed in Maharashtra.

FAQs

A few FAQs based on Conveyance Deed​ In Maharashtra are:

Q1. What is the primary purpose of a conveyance deed in Maharashtra?

The primary purpose of a conveyance deed is to legally transfer the ownership of a property from the seller to the buyer. It serves as conclusive evidence of the transfer of rights, title, and interest, ensuring clarity and security in property transactions within the state.

Q2. How does a registered conveyance deed protect against fraud?

A registered conveyance deed provides protection against fraud by establishing a clear and verifiable record of property ownership. This official registration process deters fraudulent claims and ensures that the property is free from undisclosed encumbrances, providing peace of mind to the buyer.

Q3. What are the key elements that must be included in a conveyance deed?

Key elements include detailed descriptions of the parties involved, a precise property description, the agreed-upon consideration amount, and a clear transfer of title. Additionally, the deed must specify any encumbrances on the property, the date of possession transfer, and details of stamp duty and registration fees paid.

Q4. What is the difference between a sale deed and a gift deed?

A sale deed is used when property ownership is transferred in exchange for monetary consideration, representing a commercial transaction. Conversely, a gift deed is used when property is transferred without any monetary exchange, signifying a voluntary act of gifting.

Q5. Why is it important to pay stamp duty and registration fees on time?

Timely payment of stamp duty and registration fees is crucial to ensure the legal validity and enforceability of the conveyance deed. Delays can lead to penalties and potential legal disputes, as well as casting doubt on the legitimacy of the property transfer.