Deed of confirmation is valid
2) fresh agreement is not necessary
3) you can make inquires with sub registrar office in this regard
Is deed of confirmation a valid document as on date
Dear sir, I want to get my agreement for sale of my flat registered at the office of Registrar. I had purchased the flat in the year 2002 and paid full stamp duty, but due to some reason my agreement for sale of my flat could not be registered and now I want to get the flat registered through a deed of confirmation. By adding a deed of confirmation as an annexure along with my old agreement of sale. I approached a local advocate for this work but to my surprise the advocate told me that the deed of confirmation is not valid nowadays. The Registrar's Office will not accept the deed of confirmation for Registration. I want to know whether what the advocate is telling me is true? The advocate is insisting on preparation of a fresh agreement, which I feel is not my interest.
Asked 3 years ago in Property Law
Religion: Hindu
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11 Answers
That old agreement would be registered in presence of both the parties.
the advocate is correct
if you register a deed of confirmation by annexing the agreement for sale to it, it will only be a registration of the deed of confirmation and NOT your agreement for sale
by law a document can be registered within 4 months from the date of its signing which is extendable upto another 4 months on payment of a fine which is 10 times the registration fee
after expiry of 8 months the document cannot be registered at all
either you make a fresh agreement with the counter party or to complete the sale transaction, you can enter into a sale deed/conveyance on which you have to pay stamp duty as computed at present rate [from which the stamp duty already paid on the agreement for sale will be deducted] and have this sale deed registered. This will complete your title
If you have registered agreement to sale with sub registrar and paid full stamp duty and registration charges as per the registration act, section 17.
Kindly check agreement to sale details all clauses in it terms and conditions, whether the transfer of ownership and title rights has been transferred on your name that means the ownership title is your.
Even if you register it on basis of deed of confirmation you need to pay stamp duty on it like sale deed. You can still register your earlier sale deed by paying penalty.
Not agreement to sale but direct sale deed registration. You have already purchased the flat and made full payment, now only sale deed to secure your title in the flat.
All other deeds/agreement are waste and futile.
1. Deed of confirmation is executed if instrument is already executed but with errors.
2. You can still execute a deed of confirmation with developer but it will be better for you if you go for sales deed.
- Confirmation deeds are also known as correction deeds. They are entered into between parties to rectify any errors made in a previous deed.
- Further, if a party made a mistake at the time of signing the main document or has failed to admit the execution before the sub-registrar within the prescribed time, and on that ground sub-registrar refused to register the document., then to remove this defects , a deed of confirmation can be executed.
- Further,according to Section 17 of the Act, any deed confirming any interest in immovable property needs to be registered.
- Further , a Confirmation deed attracts stamp duty, and in case the main document is registered or to be registered, the corresponding confirmation deed also requires registration.
- Hence, the Registrar cannot refuse to register the Sale deed with the deed of confirmation legally.
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.
Indeed there is every need that great care has to be taken by the Purchaser of a Property to ensure that the Sale Deed executed in his/her favour is correct in all respects; and that there is no mistake or error whatsoever in the said document which conveys the right, title and all privileges in absolute terms.
In order to ensure that the Sale Deed executed and got registered in his/her or their favour, the Purchaser of the property should get the document vetted thoroughly and take every step to get the error/s or mistake/s, if any, crept in, are rectified and confirm the Purchaser’s title over the said property.
Normally, it is observed that many a time some sort of document supplementing the main absolute sale deed, or mortgage deed etc., is required to be executed in order to remove the defect occurred while executing and/or registering the main document or to correct mistake crept in. In such event, the necessity of CONFIRMATION DEED arises.
The strict meaning of the term “Confirmation ” is the approbation of or assent to an estate already created by which the confirmation party strengthens and gives validity to such estate so far as it is in his power. Confirmation can take place by three ways: (1) by a Deed; (2) by acquiescence or (3) by limitation. The latter two are confirmation in law and the first one is confirmation by a deed.
The Confirmation Deed is executed on various circumstances such as :
• Confirmation Deed by the Vendor, whenever the Vendor has failed to appear before the Sub Registrar to admit the execution by him of the said Deed within the prescribed period.
• Confirmation deed of Sale by Trustees, whenever the Trustees, before the beneficiaries of the trust attaining the age of 21 years sell the land and premises to some others and execute a sale deed, without having any authority to do so under the said Deed of Trust and without obtaining leave of a Competent Court to do so.
Section 17(1) of the Registration Act also recognizes the Confirmation Deed as it provides that any document confirming any interest in an immovable property requires registration. Such a document will only attract stamp duty as on agreement under article 5 (h) of the Stamp Act and should be registered, irrespective of whether the main document is registered or is to be registered.
Therefore you can get the deed of confirmation registered if it is required.
deed of confirmation is valid.
Your lawyer will have to prepare the confirmation deeds based on the original sale deed.
A fresh agreement has to be made and registered. Why didn't you register it before. It's been too long. Anyways engage a lawyer and proceed accordingly.
