The essential elements include:

• Reference to the original deed: Clearly identify the original deed, including its date, parties, and purpose.
• Reasons for cancellation: Specify the reasons for canceling the original deed.
• Parties' consent: Obtain consent from all parties involved in the original deed.
• Release of rights and obligations: Clearly state the release of all rights and obligations under the original deed.
• Restoration of original positions: Confirm the restoration of the parties' original positions, as if the original deed never existed.
• Signatures and witnesses: Include signatures of all parties and witnesses, as required.
• Date of execution: Specify the date of execution of the Correction Deed.
• Registration requirements: Comply with registration requirements, if applicable.
• Legal description of property: If the correction involves property, include a legal description.
• Recitals: Optional, but can provide background information or context.

A Cancellation Deed is required for several reasons:

• To avoid legal disputes: Canceling a deed helps prevent future disputes and legal issues
• To release obligations: Cancels obligations and liabilities arising from the original deed.
• To restore original ownership: Restores ownership and rights to the pre-deed position.
• To correct mistakes: Corrects errors or mistakes in the original deed.
• To terminate unwanted agreements: Terminates unwanted contracts, leases, or agreements.
• To prevent future claims: Prevents future claims or demands under the original deed.
• Prevents future claims or demands under the original deed: Clarifies property titles and prevents confusion.
• To comply with laws: Complies with legal requirements, such as registration and stamp duty.
• To provide evidence: Serves as evidence of the cancellation, providing a clear record.
• To ensure finality:Ensures the finality of the cancellation, avoiding potential disputes.

In Maharashtra, registration of an Cancellation Deed is not strictly mandatory but highly recommended. However, if the agreement is for a value exceeding ₹10,000, it needs to be registered under the Indian Registration Act, 1908.

Additionally, as per the Maharashtra Stamp Act, 1958, an Cancellation Deed is required to be stamped, and the stamp duty is payable on the agreement.

While registration is not mandatory, it provides legal sanctity and protection to both parties. If the agreement is not registered, it may not be admissible as evidence in court in case of disputes.

To summarize:

- Registration is not mandatory but recommended.

- Stamping is required for agreements exceeding ₹10,000.

- Registration provides legal sanctity and protection.

1. Immovable property: If the Cancellation Deed relates to immovable property, it's not valid unless registered. (Indian Registration Act, 1908)
2. Movable property or intangible assets: If the Cancellation Deed relates to movable property or intangible assets, it's valid even without registration. However, registration is recommended to ensure enforceability.
3. Unregistered original deed: If the original deed was not registered, the Cancellation Deed's validity depends on the original deed's validity.
4. Partial registration: If the original deed was partially registered (e.g., only one page), the Correction Deed may still be valid, but registration is recommended.
5. Court validation: In some cases, a court may validate an unregistered Correction Deed if it's satisfied with the correction's genuineness and necessity.

To ensure the Correction Deed's validity and enforceability, it's recommended to:

- Register the Correction Deed, especially for immovable property.

- Consult a legal professional to determine the best course of action.

Yes, stamp duty is payable on Cancellation Deed in Maharashtra, as per the Maharashtra Stamp.

There are Three charges in deed. (Defend on property location)

1) Stamp Duty -

The stamp duty and registration fees for rectification deeds in Maharashtra are each Rs 100 for typographical and other general errors. Other than that if the mistakes are about area change, the identities of the parties or the size of the estate then conveyance cost is applied with it.

As per Article 65 of the Maharashtra Stamp Act:

Typographical errors Name or party errors, Property description errors, Boundary disputes, Omissions or inaccuracies, Clerical mistakes, Mathematical errors (if not effect on stamp duty)	when proper stamp duty is paid under article on an original document executed between the same parties and in respect of the same property, the duty chargeable under this clause shall be rupees one hundred.
in any other case	The same duty as is avilable on a Conveyance under clauses (b) 5[or (c)], as the case may be, of Article 25, on the market value/Consideration amount of the property.

2) Registration Fees -

Registration fees is also a variable of sale value upto certain limit then it is fix for all value above certain limit.
Note: registration value if 1% of sale value or 30,000/- whichever if higher.

3) Document Handling Charges (DHC) Fees -

online through collected Sub Registrar office for document handling, for every page of the document, a fee of Rs. 20/- is applicable.

Typically registered within 4-7 working days

The process involves:

1. Valuation of the Property
2. Prepare the agreement document
3. Signing by both parties
4. Pay stamp duty (as applicable)
5. Submit the document to the Sub-Registrar's office
6. Sign in the presence of the Sub-Registrar
7. Receive the registered document

Shivay Services provides the best services to make a sale deed. All you have to do is provide your contact number and information, consult with our expert ,provide relevant documents and get it done.

A title search is a search which gives answer to the question if the owner is really a legal owner of the property and if there are any outstanding claims on the property. This can be done by going through records of property at sub registrar’s office.

If a property has encumbrance on it like mortgage deed or other claim on property then it is known as title defect.

When a property is sold and ownership passes from one owner to other on more than one occasion then title of the property creates a chain of ownership which is called chain of title.

An encumbrance is a thing which creates difficulty in transfer of property from one owner to other for example outstanding mortgages, liens on real estate, unpaid property taxes etc.

Sub registrar’s offices are divided according to regions and specific jurisdiction is allotted to specific office to handle property registrations in that area.

Chain of Documents:

Any buyer should check for all the chain of documents before buying a property. Chain of documents are the documents which specify when and how the property has been transferred from one owner to other.
Preparation of Deed:
A draft of the deed(Sale Deed, Lease Deed, Cancellation Deed etc.) that needs to be executed must be prepared on which the details of all the parties involved and the property involved along with terms and conditions must be mentioned clearly before registering the deed.

Stamp duty calculation:
Stamp duty is the fees charged by the government and it varies from state to state. Stamp duty is calculated on the basis of market value of the property involved.

Govt. Payment:
The registration fee and stamp Duty, DHC charges must be paid before the time of registration.

Signing of Cancellation Deed:
Both the parties and the recipient must sign the cancellation deed in the presence of two witnesses.

Registration of Cancellation Deed
The deed must be registered with the Sub-Registrar of Assurances within four months from the date of execution.