Conveyance deed vs sale deed
mangesh kurup
(Querist) 23 May 2016
This query is : Resolved
1) What is difference between Conveyance deed and Sale Deed?
2) In which case, the ownership gets transferred - Conveyance deed or Sale deed?
3) Was it mandatory to have Sale Deed or Conveyance deed registered? Say in year 1980s.
Kishor Mehta
(Expert) 24 May 2016
Sir,
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, i.e. the first party actually sells the title of the property to the second party in return of a specific amount of money. However, in a Conveyance Deed, there is no such restriction. 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.
A Sale Deed or a Conveyance Deed has to be properly stamped and registered for it to be legally effective and applicable. It was so in the 1980s and even before that.
Good Luck,
Kishor Mehta
mangesh kurup
(Querist) 24 May 2016
It is properly done on stamp paper but not registered in sub registrar office. What will be sanctity?
mangesh kurup
(Querist) 24 May 2016
Can someone please clarify?
Thanks in advance.
r.sathyanarayanan
(Expert) 24 May 2016
According registration act,any immovable property whose value is more than Rs.one hundred can not be transfered without registration.if it is not registered the transfer is invalid.
Rajendra K Goyal
(Expert) 24 May 2016
Academic query, state material facts of the problem if any.
mangesh kurup
(Querist) 24 May 2016
Material facts: In 1980s the land owner had given his plot for use to people rather societies. The papers available with societies read as either Conveyance deed Or Sale agreement/deed. It is carried out on stamp paper but it is not registered at registrar office then. The societies have many houses built and now the owner is selling land to third party.
So the query stands as can the person sell the land? If yes, then what can be done by the people residing there to save their hutments?
mangesh kurup
(Querist) 26 May 2016
Goyal sir can you please help?
