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 admitexecution, 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 tamp 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 are registered or to be registered
the corresponding confirmation deed also requires registration.
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, rignt, 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 sought 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 ofIndian 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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