Deed of confirmation

Mohammed Rizwan Shaikh (Querist) 19 December 2020 This query is : Resolved
Respected Experts,
My Society procured Unilateral Deemed Conveyance Order-cum-Certificate. The land-lord challenged the same in the High Court. The Hon'ble Court passed the order in favor of the Society and confirmed the order of DDR. Thereafter the Society applied for Stamp-Duty Adjudication of the Flats with the Collector of Stamps. The Stamp-Duty were duly paid by the Society Flat members. Thereafter, the Society submitted documents enclosed with the draft Conveyance Deed with the DDR for the signature/execution of the said Uni. Conveyance Deed. The DDR endorsed his signature on the Uni. Conveyance Deed on 18th February 2020 and directed the Registrar for the Registration of the Uni. Conveyance Deed. Since, March 23, 2020 the lock-down started. As the Conveyance Deed was with the COVID patient, the Society was not able to submit the document on time for the registration. After getting the document from the COVID patient the Society handed the document to a consultant wherein he delayed the submission. The Society took back the Conveyance Deed from the consultant. The Consultant informed that a Deed of Confirmation will have to be executed along-with the new draft of the Conveyance Deed.

Please Note:
The Stamp-Duty has been paid, the Collector Office informed only 100/- stamp duty will have to be paid.

Please advice:
(1) In the Confirmation Deed, do I need to enclose the Original Conveyance Deed along-with the new Draft of Conveyance Deed.
(2) In the Confirmation Deed, do I need to mention entire history along-with the Exhibits or without Exhibits as the exhibits will be attached with the new draft Conveyance Deed.
(3) The Confirmation Deed will have to be executed between DDR and Society, right?

I would certainly appreciate if you respected experts help me with the format and share your advice on this issue.

Regards,

Mohammed Rizwan

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Quick Summary

A society is seeking guidance on executing a Deed of Confirmation after their Conveyance Deed registration was delayed due to COVID-19. The original stamp duty has been paid, and the Collector's office has indicated a minimal additional stamp duty. The key questions revolve around the necessary documentation for the confirmation deed, whether to include the full history, and the parties involved in its execution.

Isaac Gabriel (Expert) 19 December 2020
In view of the covid, liberal consoderation will be given.Neverthless, consult the registering authority and proceed as per instructions.It is only administrative prorogative.

kavksatyanarayana (Expert) 19 December 2020
For any document other than Testamentary documents, the maximum time limit is four (4) months and with penalty of another four months total eight(8) months. so the period of 8 months is completed by 12-10-2020. so you have to make a new draft and pay the stamp duty. The duty already paid, make an application for a refund, to the RDO/SDO concerned.

Mohammed Rizwan Shaikh (Querist) 19 December 2020
Many many thanks ISAAC Sir and Kavksatyanarayana Sir.....will definitely do as advised. Sir any advice on the query?

Rajendra K Goyal (Expert) 20 December 2020
Well advised, agree with the advice from kavksatyanana.

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