Section 17 of RERA, 2016: Transfer of Title, Conveyance Deed and Possession

Section 17 of the Real Estate (Regulation and Development) Act, 2016 (RERA) places a statutory duty on a promoter to execute a registered conveyance deed, transfer the relevant interest in common areas, deliver possession and hand over the project documents. The applicable local law governs the specified period, with express default deadlines where no local law applies.

Key deadlines where local law is absent: The conveyance deed must be executed within three months from the date of issue of the occupancy certificate. Necessary documents and plans, including those concerning common areas, must be handed over within 30 days after obtaining that certificate.

Section 17(1): Registered conveyance deed and delivery of possession

The promoter must execute a registered conveyance deed in favour of the allottee, together with the undivided proportionate title in common areas to the association of allottees or competent authority, as applicable. The promoter must also hand over physical possession of the plot, apartment or building to the allottee and the common areas to the association or competent authority, along with the relevant title documents, within the period specified under applicable local laws and sanctioned plans.

Proviso to Section 17(1): Where there is no applicable local law prescribing the period, the promoter must carry out the conveyance within three months from the date of issue of the occupancy certificate. Registration, stamp duty and procedural requirements continue to be governed by applicable laws.

Section 17(2): Handover of documents and plans

After obtaining the occupancy certificate and handing over physical possession under Section 17(1), the promoter must hand over the necessary documents and plans, including those relating to common areas, to the association of allottees or the competent authority in accordance with local laws.

Proviso to Section 17(2): In the absence of local law, the handover of these documents and plans must take place within 30 days after the occupancy certificate is obtained.

Important legal definitions

Promoter - Section 2(zk)

A promoter includes a person who constructs or causes construction of apartments or develops land into a project for sale, and other persons falling within the statutory definition. The expression also covers certain developers, builders and persons acting in the capacities specified by the Act.

Allottee - Section 2(d)

An allottee is a person to whom a plot, apartment or building has been allotted, sold or otherwise transferred by the promoter, including a subsequent acquirer; it excludes a person to whom the property is given on rent.

Common areas - Section 2(n)

Common areas include the land for the entire real estate project or the registered phase, staircases, lifts, lobbies, common basements, terraces, parks, open parking areas and other facilities and portions included in the statutory definition.

Occupancy certificate - Section 2(zf)

An occupancy certificate is issued by the competent authority permitting occupation of a building, as provided under the applicable local law, upon fulfilment of the prescribed requirements.

Sanctioned plan - Section 2(zq)

The sanctioned plan encompasses site, building, service and other plans and permissions approved by the competent authority for the project.

How Section 17 works in practice

Possession, conveyance and transfer of project records are related but distinct obligations. An offer or delivery of possession alone should not be treated as a substitute for the required registered conveyance deed. Likewise, documents and plans relating to common areas must be delivered to the proper association or competent authority, rather than merely shown to individual purchasers.

Buyers and associations should check the occupancy certificate, registered conveyance deed, description of undivided interests, approved plans, completion or occupancy conditions, and applicable state rules. The precise conveyance process may vary according to local property and apartment ownership laws.

Remedies for non-compliance

Where the promoter fails to fulfil statutory duties, an affected allottee or association may consider a complaint under Section 31 before the competent Real Estate Regulatory Authority or adjudicating officer, as appropriate to the relief claimed. Section 11(4)(f) separately addresses the promoter's responsibility for executing a registered conveyance deed; Section 19(11) addresses an allottee's duty to participate in registration of the conveyance deed. Relief depends on the facts, the governing state rules and the authority's jurisdiction.

Related provisions and official sources

For associated obligations, see Section 11 - Promoter duties, Section 14 - Sanctioned plans, Section 18 - Return and compensation, and Section 19 - Allottee rights and duties.

Official legal references: India Code - Central Acts and Ministry of Housing and Urban Affairs. Check the applicable state or Union Territory RERA portal for rules, notifications and local implementation.