What are the legal formalities to rectify the notarized deed

788 votes

Execution of property documents is a complex process. Often, an error occurs in the process of execution of documents. It is always advisable to get these mistakes rectified at the earliest.

The mistakes may be of various types. For example, the area of the property, its dimensions, location or the survey number may be wrong. These may be typographical errors or because of improper comparison with the property documents like the transfer deed, sale deed, title deed, revenue records etc.

These errors can be rectified through the execution of a supplementary document called rectification deed. Rectification deed is a document executed between parties to correct a mistake in the principal deed.
There must have been a bonafide mistake where the original deed does not reflect the true intention of parties to the deed. The mistake should pertain to facts only. It should not be a mistake of law.

The parties to the agreement must concur to modify the original agreement by addition, deletion or rectification of any terms referred to in the already executed deed. The parties need to reduce the correction into a duly executed document. Further, they need to pay the requisite stamp duty in order to get it registered with the specified authority.

A rectification deed should be executed after mutual consent of all the parties to the main deed. All parties to the original deed should jointly execute the rectification deed as well.

In case the original deed is registered, one should get the rectification deed also registered. And pay the requisite stamp duty and registration charges as per the laws in force in the State. For general mistakes like spelling mistakes, the stamp duty and registration charges are Rs 100 each. In case the rectification deed relates to the area, the names of the parties or the extent of the property, the stamp duty and registration charges as applicable to the conveyance deed are payable.

Advocate Siddhant Sharma LawRato

504 votes

It has to be compulsorily registered and the whole procedure will be that of sale deed except for the fact that this around you don't have to pay Stamp duty and also front page will be in a way of affidavit. Contact us through lawrato for further help

Advocate Rahul Uday Singh LawRato

696 votes

Dear client,
As per the details provided by you I would suggest that it is not possible to rectify any mistakes in registered deed by any other means. It can only be rectified by way of registered documents by both the parties of the previous deed or else you have to file a suit for declaration and rectification of the mistake

Advocate Vikram Ojha LawRato