A buyer may receive keys to an apartment yet still have unanswered questions about the legal transfer of the flat, shared facilities and land-related rights. This is why apartment conveyance needs careful review. The registered instrument, approved project documents and applicable law—not a sales brochure—determine what is actually transferred, what is common and what can be used exclusively.
## Possession and conveyance are different events Possession concerns physical handover. A conveyance deed is the legal document transferring the specified interest, subject to applicable registration requirements. The timing and parties involved may vary with the development's structure. Do not assume that a possession letter or maintenance receipt is a substitute for a registered deed. Verify that the flat identifier, project name, land description and other particulars match the supporting records.
## What RERA describes as common areas Under the Real Estate (Regulation and Development) Act, 2016, common areas include several shared elements such as staircases, lifts, common entrances, specified terraces, open parking areas, common service installations and facilities intended for common use. The detailed legal treatment of any particular asset also depends on the deed, project approvals and other applicable law. A promoter's advertisement describing a roof or garden as 'private' is not by itself a sufficient ownership document.
## Ask for the actual approved layout Request the sanctioned plans and the final documentation showing common spaces, utility rooms, fire exits, parking, circulation routes, gardens and facilities. Compare the plan with what has been built. Check whether any space sold or reserved for exclusive use is legally supported by the underlying documents. Shared emergency access routes should not be blocked simply because a resident claims personal use.
## Check association handover records If an owners' association or society manages the development, ask whether it has obtained relevant plans, service contracts, equipment warranties, maintenance funds and handover documents. Review the latest financial statements and outstanding developer obligations. This is especially important where the clubhouse, water system or lifts remain under an interim service provider.
## What to read in the deed Have a property lawyer check the title chain, schedule of property, unit number, share or interest in land, easements, common-area rights and any restrictive covenants. In a resale transaction, confirm that the seller can transfer the same bundle of rights being advertised and that society dues or encumbrances are addressed before closing.
## Registration and record searches The West Bengal Directorate of Registration and Stamp Revenue provides services for document registration, searches and certified copies. These services can support due diligence but should not be treated as a complete legal opinion on title. Ask the lawyer to reconcile results with the seller's originals and the relevant municipal or land records.
