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Confirmation Deed and Cancellation Deed.

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 stamp 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, right, 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 registe red. 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 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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