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Confirmation and cancellation deeds

Ac o n f i r m at i o n deed is also known as a correction deed. It is entered into between parties to rectify an error made in a deed. These errors may include printing mistakes, spelling mistakes, error in locality or property description, or any other error in the execution of the documents.

Legal documents involving property are lengthy, and it may so happen that due to oversight errors may creep in. These mistakes can be corrected later through a supplementary document like a deed of confirmation. Confirmation deed is an assent to an estate already created. With this confirmation, parties further strengthen and give legal validity to the estate. One person may confirm and give assent to the documents of conveyance executed by another person.

It may so happen that the party to a document has made some mistake while signing the main document or has failed to admit the execution before the sub-registrar within the prescribed time. As such, the sub-registrar may refuse to register the document. Or, the parties may have executed the documents, but may have failed to register them at the sub-registrar's office to admit execution, and the registering authority, refuses to register the document. In order to remedy these defects, a deed of confirmation has to be executed by the party concerned, where he confirms the execution of the principal deed and further adds that the principal deed is valid and binding on him. He also confirms that he has no right, interest, or title to the property transferred which belongs to the purchaser or transferee.

Also, a copy of the principal deed should be annexed to the deed of confirmation. This copy should also be signed by the party executing the confirmation deed. This avoids execution of fresh documents, and payment of additional stamp duty and registration charges.

The Indian Registration Act recognises a confirmation deed. According to Section 17 of the Act, any deed confirming an interest in property needs to be registered. The confirmation may be given either by acquiescence, limitation or by a deed.

Cancellation deed

Correction deeds are separate and distinct from cancellation deeds. It may so happen that there may be certain written documents, which by their nature, by operation of law or by some other reasons, are either void or voidable under certain circumstances. These documents may be against the interests, rights or titles of some party. There may be documents of contract which are void.

In such cases, the parties to the document may cancel them by mutual consent without referring to a court. An agreement for sale, mortgage, lease, partition, licence etc may be cancelled with the consent of all parties involved in the transaction. In case the parties do not have mutual consent, the affected party needs to file a suit under Section 13 of the Specific Relief Act. The person concerned may institute a suit, and request for cancellation of the written documents. The court may, at its discretion, order the cancellation of the written documents.

A cancellation deed attracts stamp duty in accordance with the Indian Stamp Act. If a main deed is required to be registered under the law, the cancellation deed also needs to be registered. Unregistered documents may be cancelled with the consent of all the parties. All the parties concerned should sign the document, certifying its cancellation. It is to be noted that a duly executed and registered deed of conveyance cannot be cancelled by a mere deed of cancellation. The parties need to execute a reconveyance deed and get it registered.

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Mutual Fund Application Forms Download Any Applications
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