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 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.
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, 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.
For more details,
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