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 ecessitates 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 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, 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 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
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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