Regarding confirmation deed

chandan arun vartak (Querist) 23 February 2024 This query is : Resolved
our society is deemed conveyanced with saat bara also transferred on society's name. during this process our original land owner and developing builder didn't co operate with us at all. they even didn't pay their fees for this which all other members shared.
now land owner wants society to make deed of confirmation with them and then only they will pay their dues regarding this. actually their flats have not been registered by developer.
so my query is, does the society has rights to make a deed of conformation with them? if so, will it not increase any liabilities on society?

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Quick Summary

This discussion addresses whether a society has the right to execute a confirmation deed with an original landowner who is withholding cooperation and dues. While a confirmation deed can clarify title and avoid further stamp duty for deemed conveyance, it's important to understand its legal standing as an assent to an existing estate rather than a new sale deed. Executing such a deed can strengthen the legal validity of the original agreement and remedy defects.

kavksatyanarayana (Expert) 23 February 2024
once the deed of confirmation is registered with the original agreement enclosed, your title becomes clear and thus you can sell. Since you will be paying full stamp duty on the original agreement which will be registered with the deed of confirmation, there is no need to again pay any stamp duty at the time of society applying for deemed conveyance.

T. Kalaiselvan, Advocate (Expert) 24 February 2024
Deed of confirmation is not a registered sale deed or a title deed. A confirmation deed means assent to the estate already created. By the confirmation, the parties further strengthen and give legal validity to the estate.
In order to remedy the 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

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