Legal Tip: Deed to rectify
A confirmation deed is entered into between parties to rectify an error in a previous deed. It is also known as correction deed. As legal documents involving property are lengthy, mistakes such as incorrect spelling of a name, error in property description etc may creep in. These mistakes can be corrected later through a supplementary document - deed of confirmation.
A confirmation deed means assent to the estate already created. Through this confirmation the parties further strengthen and give legal validity to the estate. A person may confirm the documents of conveyance executed by another person.
Sometimes, a party to a document may make some mistake in the main document or may fail to admit execution before the sub-registrar within the prescribed time. The sub-registrar may then refuse to register the document. Also, the parties may have executed the documents, but failed to register them at the sub-registrar’s office to admit execution, and the registering authority may refuse to register the documents later.
In order to remedy such 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 has to also confirm that he has no right, interest, or title to the property transferred which belongs to the purchaser/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 process avoids execution of fresh documents, and payment of stamp duty and registration charges again.
Under the Indian Registration Act, any deed confirming any interest in immovable property needs to be registered. The confirmation may be given either by acquiescence, limitation or by deed. A confirmation deed also attracts stamp duty. In case the main document is registered or is to be registered, the corresponding confirmation deed also requires registration.
A correction deed is separate and distinct from a cancellation deed. There may be certain written documents, which by their nature, operation of law or by some other reason, are either void or avoidable under certain circumstances.
These documents may be against the interest, rights or title of some party. There may be documents of contract which are void as they are against the law, public policy or have been vitiated by fraud. 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 mere deed of cancellation. The parties need to execute a reconveyance deed and get it registered.The parties to a document may cancel it by mutual consent without referring to a court. An agreement for sale, mortgage, lease, partition, licence etc may be cancelled by the parties with consent of all involved in the transaction.
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