Home Buyers · After Possession📜 Updated 10 Nov 2026 · ⏱ 10 min read
Conveyance Deed From Builder 3 Months From the OC, and What to Do If It Doesn’t Come
You have the keys, but on paper the flat and the land under it may still belong to the builder. The conveyance deed is what makes it yours, and RERA gives the builder a deadline.
Quick Answer
Under Section 17 of the RERA Act, the builder must execute a registered conveyance deed in your favour, with the undivided share in common areas going to the residents’ association, within the period set by local law or, if none, within 3 months of the occupancy certificate. If it doesn’t, complain to the RERA Authority; in Maharashtra, societies can also seek deemed conveyance.
At a Glance
Law:RERA Act, Section 17 and 11(4)(f)
Deadline:Local law, else 3 months of OC
Common areas go to:Residents’ association
Documents to association:Within 30 days (Sec 17(2))
If delayed:RERA complaint, Sec 31
Maharashtra option:Deemed conveyance (MOFA)
What the Law Requires
Section 11(4)(f)
The promoter must execute a registered conveyance deed of the apartment, plot or building, and of the common areas, in favour of the allottee or the association.
Section 17(1)
The promoter must execute a registered conveyance deed in favour of the allottee, along with the undivided proportionate title in the common areas to the association of allottees, and hand over physical possession, within the period set by local laws. Where there is no local law, the deadline is three months from the date of the occupancy certificate.
Section 17(2)
After the occupancy certificate and physical possession, the promoter must hand over the necessary documents and plans, including of common areas, to the association, within 30 days or as per local law.
Sale Deed, Conveyance Deed, Deemed Conveyance
Document
What it does
Who signs
Agreement for sale
Contract to buy; fixes price, plan, payment and possession date
Builder and you
Sale / conveyance deed (flat)
Transfers ownership of your flat to you
Builder and you, registered
Conveyance of common areas / land
Transfers the land and common areas to the residents’ association
Builder and association, registered
Deemed conveyance (Maharashtra)
Order by the competent authority conveying title to the society when the builder refuses
Competent authority on the society’s application
Many people use "sale deed" and "conveyance deed" for the same thing at the flat level. The step builders most often delay is conveying the land and common areas to the society or association, which matters for redevelopment, repairs and loans later.
Why It Matters
Ownership: until the deed is registered, your title rests on an agreement, not a transfer. Resale and loans: buyers and banks want a registered deed and mutation in your name. Redevelopment: a society without title to the land struggles to redevelop or get extra FSI benefits. Control: the association needs the documents and plans to run, repair and insure the building.
Stamp Duty on the Conveyance
It depends on your state. In some states, such as Maharashtra, stamp duty on the full value is paid when the agreement for sale is registered, so the later conveyance usually needs little more. In others, the main duty is paid on the sale deed. Ask the sub-registrar or a lawyer before you budget. See stamp duty by state.
Builder Delaying? Do This
1
Note the dates
The occupancy certificate date and your possession date. The three-month clock under Section 17 runs from the OC where no local law sets another period.
2
Ask in writing
Email the builder, citing Sections 11(4)(f) and 17, asking for the draft deed and a registration date.
3
Act together
Conveyance of common areas is easier to push through the residents’ association. Form it if the builder hasn’t; Section 11(4)(e) makes enabling it the builder’s duty.
4
Complain to RERA
Under Section 31, ask the Authority to direct execution of the conveyance deed and handover of documents. Non-compliance with its order can attract penalties under Section 63.
5
Maharashtra: deemed conveyance
A housing society can apply to the competent authority (the District Deputy Registrar) under the Maharashtra Ownership Flats Act for deemed conveyance when the builder fails to convey.
6
After registration
Apply for mutation in municipal and revenue records, and update electricity, water and property tax in your name.
Frequently Asked Questions
What is the time limit for a builder to execute the conveyance deed?
Under Section 17(1) of the RERA Act, within the period set by local law, and where there is no local law, within three months from the date of the occupancy certificate. The builder must also hand over documents and plans, including of common areas, to the association within 30 days under Section 17(2), unless local law says otherwise.
What is the difference between a sale deed and a conveyance deed?
Both transfer ownership and are often used interchangeably for a flat. In a housing project, the conveyance also refers to transferring the land and common areas to the residents' association or society, which builders often delay.
What can I do if the builder doesn't execute the conveyance deed?
Ask in writing first, citing Sections 11(4)(f) and 17. If nothing happens, file a complaint with your state RERA Authority under Section 31 asking it to direct execution. In Maharashtra, a society can also apply for deemed conveyance to the competent authority under the Maharashtra Ownership Flats Act.
What is deemed conveyance?
A Maharashtra remedy under the Maharashtra Ownership Flats Act. If the builder fails to convey the land and building to the housing society, the society can apply to the competent authority, usually the District Deputy Registrar of co-operative societies, which can order the conveyance in the builder's place.
Do I pay stamp duty again on the conveyance deed?
It depends on the state. Where full stamp duty is paid on the registered agreement for sale, as in Maharashtra, the conveyance usually needs little or no extra duty. Elsewhere, stamp duty is mainly paid on the sale deed. Check with the sub-registrar.
Can I sell my flat without a conveyance deed?
Selling on the strength of an agreement and allotment is possible in some cases, but buyers and banks prefer a registered deed. Getting the conveyance done first usually means a smoother sale and a better price.
Official Sources
Real Estate (Regulation and Development) Act 2016, Sections 11(4)(e), 11(4)(f), 17, 31 and 63. Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act 1963, Section 11 (conveyance and deemed conveyance). Maharashtra Stamp Act (duty on agreements for sale).
Change Log
Nov 10, 2026: Page published.
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