• Validity of Conveyance Deed in law

1.	Mr. ABC was the owner of the immovable property in Virar, Dist. Thane. By virtue of Agreement to Sale dated 01/09/1989 Mr. ABC has agreed to sell said immovable property to Mr. Hemant. 

2.	Upon receipt of entire consideration by Mr. ABC in terms of the said Agreement to Sale, made and executed notarized Power of Attorney in favour of Mr. Hemant, on 21/12/2002 in respect of the said immovable property.

3.	 Subsequently by virtue of Conveyance Deed dated 11/06/2004 and on the basis of said Power of Attorney dated 21/12/2002, Mr. Hemant has transferred and conveyed the said immovable property in favour of Mr. XYZ. But due to unavoidable circumstances the said Conveyance Deed dated 11/06/2004 has not been registered within stipulated period.

4.	However, after a span of 27 months, the Deed of Confirmation dated 29/09/2006 has been made and executed between Mr. Hemant and Mr. XYZ in respect to the said Conveyance Deed and said Deed of Confirmation is duly registered by annexing the said Conveyance Deed dated 11/06/2004.

5.	The said Conveyance Deed is adjudicated from the office of the Collector of Stamps Thane and full stamp duty of Rs. 4,26,140/- has been paid on 11/06/2004.

Question: Whether above said conveyance deed can be treated as a registered conveyance deed and as per law the said conveyance deed is a valid or not. What is the strength of this conveyance deed? Anybody can challenge this conveyance deed, as same is annexed to the Deed of Confirmation. Kindly reply me in detail.
Asked 6 years ago in Property Law
Religion: Hindu

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4 Answers

Hello,

Yes the conveyance deed as stated by you will happen to be a valid deed as it satisfies all the conditions of a valid conveyance deed which is also followed by a confirmation deed.

A conveyance deed is essentially one wherein the seller transfers all rights to legally own, keep and enjoy a particular asset, immovable or movable. In this case the assets under consideration are immovable, namely property. On signing a conveyance deed, the original owner transfers all legal rights over the property in question to the buyer, against a valid consideration (usually monetary).

You may please share with us the content of deed of confirmation, so that me may give you a concrete opinion on the validity of the conveyance deed after the execution of deed of deed of declaration.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1) Deed of confirmation has been executed wherein deed of conveyance has been enclosed

2) Mr XYZ is absolute owner of property

3) it confers clear and marketable title to the purchaser

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

1. No. The said deed of conveyance has not been registered but a deed of confirmation has been registered. It now requires a court order declaring that deed of conveyance shall be treated as registered and valid based on the deed of confirmation.

2. The said deed of conveyance is not a valid title deed as per law for want of being registered and it can be challenged in the Court of law.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

The unregistered convenience deed is not valid even though a confirmation deed was executed.

The original power of attorney deed was executed by an unregistered deed, the conveyance deed was unregistered.

There was no registered sale deed, hence the whole title is under cloud or unclear.

You may consult a local lawyer and proceed with his opinion after he scrutinizes the relevant documents

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

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