• What is the difference between sale deed & conveyance deed

I bought a new flat in 2015. In my building 6 flat r present, some r sell, some r still hold by a builder. I have done a sale deed with the builder. so conveyance deed also the essential become the owner of the flat. The builder also not given an occupation certificate. I come in a very small city so, society needs in the flat system of how I developed a society with few members who take flat only for investment purposes, not occupy in flat. I trap bcoz lack of information. also not sign on ferfar. what should i do? Talati say builder sign necessary for ferfar form
Asked 5 years ago in Property Law
Religion: Hindu

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10 Answers

Once sale deed is executed duly stamped and registered you are absolute owner of the flat 

 

2) builder is bound to furnish OC 

 

3) file complaint against builder before consumer forum and seek orders to direct builder to obtain OC  within stipulated period 

 

4) also seek litigation costs and compensation for mental torture undergone by you 

 

5) in alternative file complaint against builder before RERA and seek orders to direct builder to obtain OC 

 

6) no difference between sale deed and conveyance deed 

Ajay Sethi
Advocate, Mumbai
97044 Answers
7837 Consultations

Conveyance deed is not essential for the same.  Sale deed is enough.  Conveyance deed is executed by builder to give the land ownership rights to society or occupants

Prashant Nayak
Advocate, Mumbai
32517 Answers
202 Consultations

Dear Sir,

Conveyance and Sale Deed essentially have no difference as in both the property documents, the right, interest and title of the previous owner is transferred to the purchaser.

sale deed:

A sale deed acts as the main legal document for evidencing sale and transfer of ownership of property in favour of the buyer, from the seller.

Further, it also acts as the main document for further sale by the buyer as it establishes his proof of ownership of the property.

The sale deed is executed subsequent to the execution of the sale agreement and after compliance of various terms and conditions detailed in the sale agreement as agreed upon between the buyer and the seller.

The sale deed is the main document by which a seller transfers his right on the property to the purchaser, who then acquires absolute ownership of the property.

Conveyance:

Conveyance records the transfer of an interest in immovable property. The conveyance in the immovable property may take place by way of sale deed, gift deed, exchange deed etc.

The Difference:

All deeds transferring the property-rights are conveyance-deeds. Sale-deed is one of them. All sale-deeds are deeds of conveyance but all conveyance-deeds are not sale-deeds

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

See conveyance deed is border term all kind of transfer deed come under conveyance deed , so sale deed is type of conveyance deed.

Further if the plans of building are approved the builder shall give NOC and based on same you can get the name mutated.

See further you can file a consumer complaint for OC from builder.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

Both are one and same thing, transfer of legal title of property from one person to another. Only difference is in sale deed, property sells whereas conveyance can be done through gift/lease etc.

You have perfect title and for not providing OC, complain to RERA and also consumer court for compensation and OC.

About forming society that cant be possible without other owners involvement.

Yogendra Singh Rajawat
Advocate, Jaipur
22995 Answers
31 Consultations

Every sale deed is a conveyance deed but not all conveyance deed is sale deed.

Conveyance deed cover all sort of transfer by way of gift exchange lease etc. but whereas transfer by way of sale is only covered by sale deed.

Both legally  transfer ownership title in property to another. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

 sale deed is also known as conveyance deed so in case you are making any conveyance deed that is also the transfer of the rights to the other person based on the consideration gift mortgage are any other way

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

Obtaining Occupancy Certificate and Completion certificate is mandatory under respective State laws. As per these state laws, one cannot legally move into a building unless the developer gets an occupancy certificate from the respective local administrative or civic bodies. The corporation or municipality can ask the apartment owners to leave such illegally occupied flats or impose heavy penalties in the name of ‘regularization.

issue  a legal notice through an advocate and file complaint before district consumer forum. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

1. for a residential flat, a sale agreement works as a sale deed

2. a separate conveyance deed is not needed for the flat

3. however a conveyance deed is required to transfer the land and building to the society of flat buyers from the builder

4. since builder has not executed conveyance in favour of society, the ferfar procedure cannot happen

5. you can apply to the competent authority under MOFA for a deemed conveyance 

Yusuf Rampurawala
Advocate, Mumbai
7703 Answers
79 Consultations

For getting the revenue records transferred to your name, you may have to first register the property to your name by a registered sale deed.

The builder being the seller should give NOC for transferring the revenue records to your name.

In law, conveyance is the transfer of legal title of property from one person to another. However, that is also exactly what a Sale Deed does. The main difference is that the Sale Deed transfers the legal title of property from one person to another in case of a sale. Whereas, a Conveyance Deed can transfer the legal title of property from one person to another in case of a gift, an exchange, a lease (i.e. on a temporary basis), mortgage or other circumstances.

T Kalaiselvan
Advocate, Vellore
87242 Answers
2342 Consultations

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