It is very common that many a times the main documents of
sale, mortgage, lease are drafted by inexperienced, unqualified people, as
result of which defects creep into the documents. This necessitates the requirements of
supplementary documents to remedy the mistakes.
Deeds of confirmation, rectification and cancellation are some of the
important supplemental deeds. We have
already dealt with rectification deed. This write up deals with confirmation
deed and cancellation deed.
There are two types of confirmation deeds, one of the types is, where a
person confirms and assents to the document of conveyance executed by another
person. This becomes necessary, when a person is not made a party to the main
document of conveyance either by oversight or by ignorance or by some other
reasons.
Another type is very important. Here the party to a document has made
some mistake in signing the main document or has failed to admit the execution
before the sub-registrar within the prescribed time, and consequently the
sub-registrar has refused to register the document as far as the said party is concerned
or in some other respect. It is very
common though the parties executes the documents, but fails to turn up at
sub-registrars office to admit execution, and the registering authority,
refuses to register the document. In
order to remedy this defect, a deed of confirmation has to be executed from the
concerned party, wherein he confirms the execution of principal deed and
further adds that the principal deed is valid and binding on him. He also confirms that he has no right,
interest, title to the property transferred which belongs to the
purchaser/transferee.
As a precautionary measure a copy of principal deed should be annexed
to the deed of confirmation and such copy should also be signed by the party
executing the confirmation deed.
However, whether such a documents cures the defects of the main
documents is debatable, but, such documents would act as promissory estoppel
against the party. This would avoid
execution of fresh documents, payment of stamp duty and registration charges.
The word confirmation in strict parlance mean approbation or assent to
the estate already created, by which confirming party further strengthens and
gives legal validity to such estate so far at it is his powers.
The confirmation may be given in variety of ways (1) by acquiescence
(2) by limitation, (3) by deeds. Confirmations of acquiescence and by
limitations are the outcome of operation of law.
The Indian registration recognizes confirmation deeds Sec. 17(1)
provides any deed confirming any interest in immoveable property needs to be
registered.
The confirmation deed attracts stamp duty. If the main documents is registered or to be
registered the corresponding confirmation deed also requires registration.
Deed of
cancellation
Section 13 of specific relief Act 1963, deals with the cancellation
deeds. There may be certain written documents which by their nature or by
operation of law or by some other reasons are void, violable. Such documents if
left as they are and outstanding may harm the interest, right, titles
privileges of some party. Such person may institute a suit, praying for
cancellation of such written document, and the court in its discretion if thinks it proper may order for Cancellation of such written document.
There may be documents of contract which are void as they are against
Law Public Policy or violable if they are vitiated by fraud coercion or other
similar grounds. The parties to the document may also cancel such documents by mutual consent without referring to the court. An agreement
for sale, lease, mortgage, licence, partition, may be cancelled by the parties
which consent of all parties.
But at times, the matter of cancellation of document may not be so simple as same parties may want to take undue
advantage, or very mature of document may not make it simple task.
A deed of conveyance which is duly executed and
registered cannot be cancelled by mere deed of cancellation. The proper course
would be to execute a reconveyance deed
and get it duly registered. But if the original deed of conveyance is executed on account of fraud, coercions or
incase of any disagreement among the parties, the chances of mutual consent to cancel agreement are very remote. In such cases,
the affected party has seek the intervention of the court by filing suit as per
the provisions of section 13 of specific relief Act.
If any of the documents are unregistered, it may be cancelled by
consent of all the parties by scoring off or by endorsing it about cancellation. But in both cases,
all the parties should sign the document for having cancelled.
Cancellation deed attracts the stamp duty as per section 17 of Indian
stamp Act, that is stamp duty is payable only if it is attested by witness. A
cancellation deed which is not attested attracts stamp duty as per agreement.
If the main deed needs to be registered. Cancellation deed also needs
to be registered.
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