Conveyance
Meaning and scope
Conveyance is the term that refers to the act in which the ownership
of a property is transferred from one person to another. It is a legal
document that is made when transferring the said ownership from
the seller to the buyer.
Section 2(10) of the Indian Stamp Act of 1899 defines a conveyance as any
instrument that transfers property, whether movable or immovable, inter
vivos, or any instrument that is not specifically provided for by Schedule
I. This includes sale deeds, transfer of lease, release, and settlement.
Conveyancing is an art of drafting deeds and documents whereby any title,
right or interest in an immovable property is transferred from one person to
another. Such person can be natural or artificial i.e. Corporate, the Company,
the Society or the Corporate Sole as the case may be.
Conveyancing is based on law and legal principles which have been evolved in
the sphere of conveyancing over years or rather centuries. The objective of
Conveyancing cannot be possible without a thorough knowledge and
understanding of the legal provisions applicable on the subject matter of
transfer of property or right therein.
In India the forms of conveyancing are based on the present English forms. No
legislation in India has been ever passed on the law of conveyancing. Both in
India and England, there are two types of deeds namely – “Deed Poll” and
“Indenture”. The deed poll is a document which is executed unilaterally in the
first person like bonds, power of attorney and will etc. The Indenture is a
document which is executed bilaterally or consist of multilateral deed like
mortgages, sale deed, gifts and lease etc