How to correct spelling in land deed

614 votes

A rectification deed is a supplementary document executed between the buyer and seller to rectify the mistakes made in the original/principal deed with respect to factual and typographical errors. This is also known as the confirmation deed or correction deed.

Why is Rectification Deed required?
It is common knowledge that sale deed is an important legal document that transfers the ownership of the property from the buyer to the seller. Though prepared by an efficient lawyer with utmost care, errors may occur in a sale deed at times. Some of the common errors made in a sale deed are:

Incorrect description of the property such as its area and dimensions
Incorrect description of the parties such as their names and addresses
Incorrect location, address and survey number of the property
Incorrect description of revenue records
Incorrect information about prior title deeds
Incorrect details about ownership or power of attorney
Typographical errors
Any errors in sale deed, however minute or unintentional it may be, can lead to litigation and may result in the cancellation of the transaction. A sale deed is executed on a stamp paper of considerable value and it is not possible to execute different sale deeds when errors are detected. In such cases, a rectification deed can be executed to make the necessary corrections without affecting the transaction.

Now you may wonder whether a rectification deed is required if the mistakes are identified before registering the sale deed. In such instances, errors such as incorrect names and addresses of the buyer or seller, description of the property, etc. can be corrected in the sale deed itself, if they are identified prior to registration. The corrections can be authenticated by the involved parties (buyer and seller). A rectification deed is not required in such circumstances.

If a factual error pertaining to property measurement, terms of the transaction, etc, is identified, the particular page should be changed irrespective of the stamp cost on that page.

When to execute a Rectification Deed?
A rectification deed can be executed only when there is a factual error made in the original deed unintentionally and the original deed does not satisfy the requirements of both the parties involved. A rectification deed should be executed only if all the parties involved in the original deed agree with the addition, deletion or modification of any terms or information referred in the original deed.

Advocate Siddhant Sharma LawRato