What Is a Conveyance Deed and Why Is It Important When Buying an Apartment?
You’ve paid for the flat. You’ve got the keys. You’re living in it. So you’re the owner, right?
Not quite. In law, you become the owner of a flat in Gurgaon only when a conveyance deed is registered in your name. Until then, you’re a buyer in possession. A lot of people only find this out when they try to sell, take a loan against the flat, or deal with a society dispute.
This guide walks you through what a conveyance deed is, what the builder is legally required to do, what it costs, and the seven things to check before you sign or pay a rupee of stamp duty. It’s based on the RERA Act, 2016, the Haryana Apartment Ownership Act, 1983 and published Haryana RERA orders. It’s general information, not legal advice, so please get a property lawyer to read your own papers.
The short version: Under Section 17 of the RERA Act, your builder has to execute a registered conveyance deed in your favour. If no local law says otherwise, the deadline is three months from the occupancy certificate. You’re expected to cooperate and pay the stamp duty and charges that apply.
So, what exactly is a conveyance deed?
“Conveyance” just means moving a property right from one person to another. A sale deed, a gift deed and an exchange deed are all conveyances. For an apartment buyer, the one that counts is the deed that moves your flat from the builder (or the previous owner) to you.
Here’s an easy way to remember it. The agreement is the promise. The conveyance deed is the delivery.
Conveyance deed, sale deed, agreement, possession letter: what’s the difference?
People mix these up all the time, and builders don’t always explain them. Here’s what each one actually does.
| Document or step | What it does | Does it transfer ownership? |
|---|---|---|
| Builder-buyer agreement or agreement to sell | A contract promising a transfer later, on agreed terms | No |
| Possession letter | Lets you move in and occupy the flat | No |
| Conveyance deed | Transfers the flat to you | Yes, once registered |
| Sale deed | Used when a property is sold for a price, common in resale | Yes, once registered |
| Registration | Recording the deed at the Sub-Registrar’s office | It gives the deed legal recognition |
A sale deed is usually just one type of conveyance deed. Names vary from project to project, so read what the document actually transfers instead of trusting its title.
New flat or resale: what changes for you?
If you’re buying from a builder
- The builder executes the deed once the project gets its occupancy certificate.
- You normally pay stamp duty and registration charges. Check your offer letter to see whether they’re listed on top of the total price.
- Read the deed’s scope carefully. It may cover only the apartment and its parking slots.
If you’re buying a resale flat
- The current owner signs a sale deed in your favour.
- Your lawyer should trace the earlier documents to make sure the seller really has clean title.
- Ask whether the builder’s own conveyance deed was ever registered in the seller’s name. If it wasn’t, hold the deal until it is.
What the law says your builder must do
Section 17 of the RERA Act, 2016. This is the rule that matters most to you as a buyer. In everyday language:
- The builder must execute a registered conveyance deed in your favour. Along with it, the undivided share in the common areas goes to the association of allottees or the competent authority.
- The builder must hand over physical possession of your apartment, and the common areas to the association.
- The time limit follows local law. If there isn’t one, the deed must be executed within three months of the occupancy certificate.
Section 11(4)(f) says the same thing again. One Haryana RERA order calls the deed the builder’s statutory obligation and a logical corollary to allotment, the agreement and handing over possession. It’s a duty, not a favour.
You have a part to play too. Section 19(11) says every allottee must take part in getting the deed registered. So if the builder is waiting on you for stamp duty or paperwork, the delay may be partly yours.
The Haryana Apartment Ownership Act, 1983. This state law decides how apartments in one building can be owned separately. For you, it comes down to three things:
- You own your apartment plus an undivided interest in the common areas and facilities.
- Under Section 6, that share is fixed as a percentage in a declaration and can’t be separated from your apartment.
- Owners act together through an association of apartment owners, and the declaration and bye-laws are its rulebook.
Many Gurgaon deeds mention this Act and a deed of declaration. A draft deed filed for a Sohna project on the Haryana RERA portal, for example, defines “Act” as the Haryana Apartment Ownership Act, 1983. Not every project is set up the same way, so ask which laws and documents apply to yours.
Your flat and the common areas are two separate handovers
Most guides skip this, and it trips up a lot of owners. Getting your flat and getting control of the common areas are related, but they happen through different steps.
| What moves | To whom | What to ask |
|---|---|---|
| Your flat, and parking if included | You, through the registered deed | Does the deed name the unit, floor, carpet area and parking slot? |
| Your undivided share in land and common areas | Tied to your flat under the Apartment Ownership Act and mentioned in Section 17 | How is this share written in the deed and the declaration? |
| Control, documents and plans of common areas | The association of owners | When will the builder hand these over, and who signs? |
One draft deed on the Haryana RERA portal says plainly that it covers only the apartment and its parking slots. How common areas are dealt with differs by project, so ask both your builder and your lawyer.
7 checks to make before you sign
1. Your name and the unit details
Your name should match your ID exactly. The unit number, floor, tower, project name and carpet area should match your agreement. Tiny spelling or area mismatches look harmless, but they cause real headaches later with banks, resale and mutation.
2. The occupancy certificate and RERA registration
Ask for a copy of the occupancy certificate and make sure it has actually been issued. Then check that the RERA registration number in the deed matches the project on the Haryana RERA portal.
3. The deed against your agreement
Sit down with both documents and compare every clause that carries over, such as price, parking and promised facilities. If the agreement promised something and the deed says nothing about it, raise it before you sign, not after.
4. The title chain
Your lawyer should check the builder’s or seller’s chain of title and an encumbrance certificate. This matters most in resale, where a gap in earlier registrations is the most common problem.
5. Parking, your share and the common areas
Check that the parking slot or right you were promised is named. Check that the deed or declaration states your undivided share in the land and common areas, where it applies. And ask when and how the common areas and their documents will reach the owners’ association.
6. Dues, stamp duty and charges
Get a written no-dues statement from the builder, or from the seller in a resale. Make sure the transaction value and the stamp duty shown are correct, and that any administrative charges are itemised in writing.
7. Loan paperwork
If you have a home loan, find out which original documents your bank will hold or need. Plan the order of registration and disbursal with the bank early so nothing gets stuck.
What will it cost you in Gurgaon?
- Stamp duty: most current guides report urban Haryana rates of 7% for men, 5% for women and 6% for joint male and female buyers. On a ₹4 crore flat, that comes to ₹28 lakh, ₹20 lakh and ₹24 lakh respectively.
- Registration fee: guides describe it as slab-based and capped at ₹50,000.
- Administrative charges: some allotment documents list these at the time of the deed. Ask for the exact figure in writing.
Rates and rules change, and your project’s cost sheet may be different. Run your own numbers on the official Haryana stamp duty calculator and confirm with the Sub-Registrar before you fix your budget.
How the deed actually gets registered
The broad steps in Haryana look like this:
- The builder issues the draft deed after the occupancy certificate.
- You and your lawyer go through it against your agreement.
- You calculate and pay stamp duty and fees on the official Haryana portals, such as e-GRAS.
- Both parties go to the Sub-Registrar’s office with ID proofs and witnesses.
- The deed is registered and you collect your registered copy.
- You update your records: the municipal property ID, your housing society and your bank, if you have a loan.
Under the Registration Act, 1908, documents are generally presented for registration within four months of execution. Procedures and portals change, so follow whatever your Sub-Registrar’s office currently asks for.
What if the builder keeps delaying?
Haryana RERA registration certificates come with conditions. One example says the promoter must offer to execute a registered conveyance deed and convey the common areas under Section 17. If the builder doesn’t act, you can file a complaint with the Authority.
Here’s a real case. In Complaint 1005 of 2024, a buyer in a Sector 104, Gurgaon project had been offered possession in 2019, after an occupation certificate in 2018, but still had no conveyance deed. In an order dated 21 February 2025, the Authority directed the builder to execute the deed within 90 days, once the buyer paid the applicable stamp duty and administrative charges (up to ₹15,000, as fixed by the local administration order). Compensation claims go separately to the Adjudicating Officer.
Every case turns on its own facts, so treat this as an example of how it can work, not a promise of the outcome.
Deemed conveyance: why it’s a different story in Haryana
You may have heard of deemed conveyance. It’s a remedy created under Maharashtra’s housing law. There, a housing society can apply to a Competent Authority for a certificate that treats the conveyance as done when the builder fails to execute it.
In the Haryana sources we reviewed, buyers and associations generally rely on Section 17 of the RERA Act, a written request to the builder, and a complaint before Haryana RERA. Check with a property lawyer which route fits your project.
Two quick stories from Gurgaon
A new flat. Aarav takes possession of a flat in a Dwarka Expressway project. A year later he asks for the conveyance deed and learns the builder is waiting for him to pay stamp duty and administrative charges. If he’d read his offer letter, he’d have budgeted for it. Since registration is a shared duty, he and the builder sort it out quickly.
A resale flat. Simran likes a resale flat in Sector 65. The seller has the agreement and the possession letter, but no registered deed from the builder. Her lawyer asks the seller to get the builder’s conveyance deed executed first. The deal waits, but Simran avoids buying a gap in title.
These are illustrations, not legal advice for any specific project.
Mistakes we see again and again
- Assuming that having possession means you own the flat.
- Not budgeting for stamp duty, registration and administrative charges.
- Signing a draft without comparing it to the agreement.
- Not checking what the deed covers, including parking and common areas.
- Assuming a neighbour’s experience applies to your project.
- Putting off registration after the builder has offered the deed.
When should you speak to a property lawyer?
Before you sign, and definitely before you pay stamp duty. A qualified property lawyer can read the draft deed, verify title and approvals, and spot anything unusual. It matters even more for resale purchases and for projects with a complicated structure.
We’re Silverdome Realtors, a luxury real estate consultancy in Gurgaon, Noida and Dubai. We help buyers compare options and know what to ask the developer. Legal verification should always be done by a qualified property lawyer.
Planning to buy an apartment in Gurgaon or Noida? Tell us your budget and preferred location. Call or WhatsApp +91 9773553393, or write to enquiries@silverdomerealtors.com.
