Your lawyer has advised you correctly
deed of confirmation can be executed by seller to confirm flat sold to you
it has to be stamped and registered
Confirmation deed for missed registration timeline for old flat (stamp duty paid long back)
We have paid Stamp Duty and fine under Amnesty around 1997 for our 1993 flat in Hadapsar, Pune. But have not done Registration, hence missing Index-II. We need that towards document to be provided for Society Conveyance Deed. As Registration can only be done within say 8 months of paying Stamp Duty, that time has lapsed. Lawyer suggested that now CONFIRMATION DEED can be done about missed Registration and this also will get us Index-II. As we have paid Stamp Duty already, there is no need to pay Stamp Duty at typical rate at which it is paid during Registration. But there will be negligible charges towards registering CONFIRMATION DEED. Kindly guide, I wish to know if. . . Confirmation Deed could be done in such a case of long missed Registration timeline If Stamp Duty need not be paid again (at least at huge rate that typically flat cost may suggest) Rate of Duty on Confirmation Deed or any other GOVT charges and if they are at any fixed rate. Thanks a lot. Kedar
Asked 6 years ago in Property Law
Religion: Hindu
11 Answers
Thanks a lot ADV Sethi. And I do not have to pay that whopping high 1% Stamp Duty again, is he correct? Is there any flat rate for Confirmation Deed registration by GOVT? Thanks a lot.
Asked 6 years ago
1) you will have to check with sub registrar office as to exact amount of stamp duty payable on deed of confirmation
if earlier stamp duty has been paid you would not have to pay stamp duty at high rates again
CD dose not attract stamp duty and only minimal registration charges, this is actually an agreement to confirm sale by seller.
So only seller can execute it in your favor confirming sale. Stamp duty already paid, only registration is left which is 1% of stamp duty and is necessary otherwise ownership do not transfer.
If house was purchased from govt./housing board. letter may have issued. No need of seller presence, get it registered by paying stamp duty.
Once society is formed, it is deemed conveyance of Rights, Title, Interest and Ownership of the Land and Building from the Land Owner to the Co- Operative Housing Society.
1. Confirmation deed will not substitute sale deed. It is a patch up work only.
2. It will, to some extent, get recorded that you have purchased the said property for which the sale deed has not been registered.
3. It will be prudent on your part to get the sale deed registered since as otherwise, you or your successors might face problem while selling the said flat at a later date.
1. Registration of Confirmation Deed about the purchase of the said flat will be a patch up work only.
2. You shall have to pay the registration fee only while registering it before the Registrar.
Your advocate is right in his opinion about the confirmation deed which would be an alternative solution to this situation.
Confirmation deeds are also known as correction deeds. ... A confirmation deed means assent to the estate already created. By the confirmation, the parties further strengthen and give legal validity to the estate. A person may confirm and assent documents of conveyance executed by another person.
It may so happen that a party to a document has made a mistake while signing the main document or has failed to admit the execution before the sub-registrar within the prescribed time. As such, a sub-registrar may refuse to register the document. Or else the parties may have executed the documents, but failed to register at a sub-registrar’s office to admit execution, and the registering authority may refuse 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 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/transferee. Also, a copy of the principal deed should be annexed to the deed of confirmation. The copy should also be signed by the party executing the confirmation deed. This avoids execution of fresh documents, payment of stamp duty and registration charges.
Confirmation deeds are also known as correction deeds. They are entered into between parties to rectify any errors made in a previous deed.
These deeds are separate and distinct from cancellation deeds
If any document of which registration is compulsory, but the same has not been presented for registration within the prescribed period, is enclosed as annexure with any confirmation deed or deed of declaration etc, such instrument should not be accepted, for registration.
However, in such cases the concerned parties after paying the stamp duty as per the prevailing market value can execute the instrument of sale deed and the present the same for registration and it the sale deed complies with other legal provisions there would not be any objection towards this registration.
1. Yes you can execute confirmation deed with seller for registration of property on your name.
2. Registration charges and stamp duty differs from state to state and you should confirm about the rates from sub registrar office.
1. Confirmation Deed is possible only on earlier "Registered" documents, and only basic Stamp Duty and Registration Charges are applicable on Confirmation Deed. FULL Stamp Duty and Registration Charges CANNOT be paid on Confirmation Deed.
2. IF Confirmation Deed is done on "Non-Registered" documents, THEN it amounts to circumventing the Registration Act and evading original Registration Fees, which amounts to a prosecutable offence.
3. Original Non-Registered Deed has to be given for "Adjudication" to the sub-registrar's office, who will direct you to pay the registration fees & penalty thereon, and after this the original document will be registered and Index-II will be generated. This is possible even if the seller party is not available (for any reason whatsoever).
Yes confirmation deed can be executed and registered for the same
1. When you give the Original Non-Registered Deed for "Adjudication" to the sub-registrar's office, the same will be inspected for any shortage of Stamp Duty and you will be directed to pay the shortfall in Stamp Duty and the registration fees & penalty.
2. It is a simple process, which must preferably be done thru a local Registration Agent, for quicker solutions.