Section 17 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 17 is the section that completes a sale: the promoter must execute a registered conveyance deed in favour of the allottee, give the association the undivided proportionate title in the common areas, hand over physical possession and the title documents, and later pass on the plans and documents. Where no local law sets a period, the Act sets three months and thirty days. If your conveyance is overdue, our legal consultation service can help you take it forward.
The promoter must execute a registered conveyance deed in favour of the allottee, with the undivided proportionate title in the common areas to the association or competent authority, and hand over physical possession and the other title documents, within the period specified as per sanctioned plans under local laws (17(1)). If there is no local law, the deed must be executed within three months from the date of issue of the occupancy certificate. After the occupancy certificate and handing over possession, the promoter must hand over the necessary documents and plans, including common areas, as per local laws, or within thirty days after obtaining the occupancy certificate if there is no local law (17(2)).
Section 17 at a glance
| Provision | What it provides |
|---|---|
| 17(1) | Registered conveyance deed to the allottee; undivided proportionate title in common areas to the association or competent authority; physical possession and other title documents; within the period under local laws |
| Proviso to 17(1) | No local law: conveyance deed within three months from the date of issue of the occupancy certificate |
| 17(2) | After the occupancy certificate and possession, hand over necessary documents and plans, including common areas, to the association or competent authority as per local laws |
| Proviso to 17(2) | No local law: within thirty days after obtaining the occupancy certificate |
Section 17(1): what the promoter must do
"The promoter shall execute a registered conveyance deed in favour of the allottee along with the undivided proportionate title in the common areas to the association of the allottees or the competent authority, as the case may be, and hand over the physical possession of the plot, apartment or building, as the case may be, to the allottees and the common areas to the association of the allottees or the competent authority, as the case may be, in a real estate project, and the other title documents pertaining thereto within specified period as per sanctioned plans as provided under the local laws."
Broken into parts:
| Part | Who gets what |
|---|---|
| Registered conveyance deed | The allottee, for his plot, apartment or building |
| Undivided proportionate title in the common areas | The association of allottees, or the competent authority, as the case may be |
| Physical possession | The allottee for his unit; the association or competent authority for the common areas |
| Other title documents | As pertaining to the above |
| When | Within the specified period as per sanctioned plans as provided under local laws |
The conveyance deed must be registered; an unregistered paper is not what the text describes. "Common areas" have the meaning in section 2(n), which includes the project land. See our article on that definition. The text does not say what share of the title each allottee holds; "undivided proportionate" points to a share in proportion to the unit, but the formula is in the agreement and local law.
Note the printed text: "plot, apartment of building" for "or building". The meaning is clear.
The proviso: three months from the occupancy certificate
"In the absence of any local law, conveyance deed in favour of the allottee or the association of the allottees or the competent authority, as the case may be, under this section shall be carried out by the promoter within three months from date of issue of occupancy certificate."
| Situation | Time limit |
|---|---|
| A local law specifies the period | As per sanctioned plans under that law |
| No local law | Three months from the date of issue of the occupancy certificate |
The "occupancy certificate" has the meaning in section 2(zf); see our article on certificates. The three months run from the date of issue, not from the date the allottee learns of it. Section 11(4)(b) puts the duty to obtain the occupancy certificate on the promoter.
Section 17(2): documents and plans
"After obtaining the occupancy certificate and handing over physical possession to the allottees in terms of sub-section (1), it shall be the responsibility of the promoter to hand-over the necessary documents and plans, including common areas, to the association of the allottees or the competent authority, as the case may be, as per the local laws."
The proviso: "in the absence of any local law, the promoter shall handover the necessary documents and plans, including common areas, the association of the allottees or the competent authority, as the case may be, within thirty days after obtaining the occupancy certificate." The printed proviso omits "to" before "the association"; the sense is plain.
The text does not list the "necessary documents and plans". The State rules or local law may. In practice these would be those the association needs to run the property, but the Act does not say.
Example. Mishra Estates obtains the occupancy certificate for its tower on 1 June, and the State has no local law on conveyance timelines. The documents and plans must go to the association by 1 July (thirty days after obtaining), and the conveyance deeds must be executed by 1 September (three months from the date of issue). If the State has a local law with a different period, that period applies.
How section 17 links to other sections
| Section | Link |
|---|---|
| Section 11(4)(f) | The promoter's duty to execute a registered conveyance deed "as provided under section 17" |
| Section 11(4)(g) | Outgoings paid until physical possession is transferred |
| Section 14(3) | Defect liability continues even after the conveyance |
| Section 19 | The allottee's right to claim possession and the common-area documents |
The Act also requires, at registration, a declaration that the promoter has legal title to the land (section 4(2)(l)(A)) and the proforma of the conveyance deed (4(2)(g)); see section 4.
What section 17 does not say
- It does not give a form or fee for the conveyance deed; stamp duty and registration charges follow State law (see property registration charges in Delhi for one example).
- It does not say who bears those charges.
- It does not state the penalty for delay; see penalties under RERA and section 18 for return of amount and compensation.
Need help getting your conveyance deed?
If the occupancy certificate is out and your deed or the common-area documents have not followed, the timeline in section 17 is where the claim starts. Our legal consultation team can check the dates, the local law of your State and the agreement, and help you put the promoter on notice.
Key takeaways
- The promoter must execute a registered conveyance deed to the allottee and give the undivided proportionate title in common areas to the association or competent authority.
- If no local law applies, the deed is due within three months from the date of issue of the occupancy certificate.
- Necessary documents and plans, including common areas, go to the association within thirty days after the occupancy certificate where there is no local law.
- Physical possession and other title documents are also handed over.
- Defect liability continues after conveyance.
Read next
- Section 18: return of amount and compensation
- Section 16: insurance of the real estate project
- Rights of the allottee under section 19
- Obligations of promoter under RERA: sections 11 to 18
Disclaimer: Based on the Real Estate (Regulation and Development) Act, 2016 as enacted, as consulted on 1 October 2026. Rules, forms, fees and procedures are made by each State and Union territory and its Real Estate Regulatory Authority and differ from State to State. This article is general information, not legal advice; check the official text and your State's rules before acting.