It is
very common that many a times the main documents of sale, mortgage, lease are
drafted by inexperienced and unqualified people, as a 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 documents 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 execute 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 the 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 document cures the defects of the main documents is debatable, but such
documents would act as promissory estoppels against the party. This would avoid
execution of fresh documents, payment of stamp duty and registration charges.
The word
confirmation in strict parlance means approbation or assent to the estate
already created, by which confirmation 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 immovable 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.
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
documents, 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, license,
partition, may be cancelled by the parties with consent of all parties.
But at
times, the matter of cancellation of document may not be so
simple as some 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 of fraud, coercions or incase of any disagreement
among the parties, the chances of mutual consent to cancel the
agreement are very remote. In such cases, the affected party has to 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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