Deed of Confirmation
AMIT KARIA
(Querist) 20 August 2009
This query is : Resolved
There is a delay of more than 7 months in registration of one agreement, Hence, instead of paying the penalty of 10 times the registration charges, I'm planning to execute a Deed of Confirmation & attach the original documents to this deed after 8 months from the date of execution of the agreement.
Please guide on the charges to be paid for registering the "Deed of Confirmation"
sanjeev murthy desai
(Expert) 20 August 2009
Dear Amit Karia,
Please clarify the some points.
1. Nature of Agreement?
2. Deed of Confirmation for what?
3. Agreements creats liablities and rights of the parties but Deed of confirmation for only for the confirm the existance of the fact. In your case you have the valid rights & liablities under the valid agreement and subsequent deed of confirmation cannot validated your invalid agreement.
sanjeev desai
Y V Vishweshwar Rao
(Expert) 21 August 2009
If the both the parties are ready what is the problem in executing & Registering Fresh Agreement between Vendor & purchaser with the same Terms and conditions of Old agreement ( instead of Confirmation deed )
AMIT KARIA
(Querist) 21 August 2009
Desai Sir, the agreement is the deed of transfer of immovable property (commercial premises)
Stamp Duty paid on 26.03.2009
Agreement executed on 31.03.2009
If I'm not mistaken, on registration by 30.11.2009, then we'll have to pay 10 times the registration charges,
Instead of that, I thought deed is a better option.
Waiting for your views
AMIT KARIA
(Querist) 21 August 2009
Rao Sir, for Fresh Agreement, the stamp suty will have to be paid agian, and my senoirs will not agree for the same...
sanjeev murthy desai
(Expert) 21 August 2009
Dear Amit Karia,
I think Sale Agreement is not a compulsory registrabale document under registration act. But registration is advisable.
And its admissbale in court of Law. And for your satisfaction you can execute a registered deed of confirmation.
AMIT KARIA
(Querist) 21 August 2009
If I dont register the agreement, but just execute & register the deed of confirmation by attching the original documents of registration, whether that agreement would be good in the eyes of law ?
Waiting for your replies.
sanjeev murthy desai
(Expert) 21 August 2009
Yes off course its valid agreement,
But you cant take the benifit of the section 53A of the Transfer of Property Act.
sanjeev desai
Y V Vishweshwar Rao
(Expert) 22 August 2009
I agree with lerd friends suggestions and furhter add that ;-
While Executing Confirmation Deed you are proposing to Attach the original old Stamp paid -Sale agreement to the said Confirmation Deed , what is the problem if you execute New/supplementary Sale agreement and mention old Agreemtn and that the required stamp Duty is paid on the original agreemtn - on one Transaction payment of Stamp duty on any part of the document is sufficient - to the New /Supplemnetal Agreement the old original stamped Agreemtn can be attached as proof of paymnet of proper Stamp duty on the same Sale transaction !
However, it may be confirmed in Your local Sub RTegiatar Office ( with SRO ) !
