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conveyance

English · Legal profession and documents

Meaning. A deed by which ownership of property is transferred from one person to another, especially a sale deed of land.

In practice “conveyance” usually means a sale deed of immovable property. The Indian Stamp Act, 1899 uses it more widely, for every instrument by which property is transferred inter vivos and not otherwise provided for. A sale of immovable property worth one hundred rupees or more can be made only by a registered instrument (s.54 TPA), and registration is compulsory under s.17 of the Registration Act.

“Conveyancing” is the art of drafting such deeds, a part of the Drafting, Pleading and Conveyancing paper. A conveyance usually has the date and parties, recitals, the operative words of transfer, the description of the property (parcels), the habendum, covenants, the testimonium and attestation. Stamp duty in Karnataka is payable under the Karnataka Stamp Act, 1957.

Example

Ownership passed only when the registered conveyance was executed; the earlier sale agreement created no interest in the land.

In Indian law

  • Section 54, Transfer of Property Act, 1882 (sale, how made)
  • Section 17, Registration Act, 1908 (documents of which registration is compulsory)
  • Section 2(10), Indian Stamp Act, 1899 (conveyance defined)

See also

deed · sale agreement · registration · stamp duty

Read more in the study notes

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