RiteAssetz Lending Guides
Conveyance Deed Under RERA and Home Loans: What Apartment Buyers Should Verify
What a conveyance deed transfers under RERA, how it differs from possession and an agreement for sale, and what home-loan borrowers should verify.
The quick answer
A conveyance deed is the registered instrument used to complete the transfer contemplated by a property transaction. Under Section 17 of RERA, the promoter must execute a registered conveyance deed in favour of the allottee and address the undivided proportionate title in common areas to the association of allottees or competent authority, as applicable. Physical possession, an agreement for sale and a conveyance deed are related milestones, but they are not the same thing.
What Section 17 requires
RERA requires the promoter to execute the registered conveyance deed and hand over physical possession and relevant title documents within the period prescribed by local law. Where local law does not prescribe a period, the Act provides for the conveyance contemplated by Section 17 within three months from the occupancy certificate.
Agreement for sale vs conveyance deed
| Document | Main role |
|---|---|
| Agreement for sale | Records contractual terms, price, payment schedule, specifications and obligations before completion. |
| Conveyance deed | Registered instrument completing the relevant transfer. |
| Possession handover | Physical delivery of the apartment; it should not be confused with completion of title documentation. |
Why home-loan borrowers should care
A lender evaluates both the borrower and the property offered as security. Incomplete title documentation can complicate legal verification, mortgage creation, resale and future balance transfer. The exact document set depends on the property, state law, project structure and lender policy.
Common-area title matters too
Apartment ownership is not only about the four walls of the flat. Section 17 specifically addresses the allottee's conveyance together with the undivided proportionate title in common areas to the association or competent authority, as applicable. Buyers should check both their individual document trail and the project's common-area handover and conveyance position.
What buyers should verify
- The promoter's title and project approvals have been legally verified.
- Your agreement for sale correctly identifies the apartment, consideration and rights.
- The occupancy certificate has been obtained where applicable.
- The final registered deed matches the agreed property particulars.
- Applicable stamp duty and registration requirements are satisfied.
- Possession documents, registration records and lender records are consistent.
- The association's common-area and title-document handover is tracked separately from individual possession.
Does possession alone prove complete title?
No. Taking keys or signing a possession letter is important, but it is not a substitute for the legally required conveyance and registration process. Buyers should not treat physical possession as proof that every title and registration step is complete.
What if conveyance is delayed?
Preserve the agreement, payment records, possession communication, occupancy or completion documentation and correspondence with the promoter. Check the applicable RERA authority and local law rather than relying on informal assurances. If the issue affects a proposed mortgage, resale or balance transfer, tell the lender early so its legal team can identify the exact deficiency.
Related RiteAssetz guides
Read this with agreement for sale under RERA, agreement to sell versus sale deed, home-loan legal verification and encumbrance certificates.
FAQ
Is a conveyance deed the same as an agreement for sale?
No. The agreement records contractual obligations; the registered conveyance completes the relevant transfer.
Is possession the same as conveyance?
No. Physical handover and legal conveyance are distinct steps even when they occur close together.
Does RERA require registered conveyance?
Yes. Section 17 expressly requires the promoter to execute a registered conveyance deed as applicable and addresses common-area title and documents.
RiteAssetz takeaway: do not stop due diligence at possession. For a mortgageable, resale-ready property, the legal transfer and registration trail matters just as much as getting the keys.