Is multiple rectification of deed allowed

918 votes

Dear client,
Yes, second time rectification deed is acceptable/ allowable.
Yes it is lawful.

First we will talk about rectification deed to get proper idea on this subject matter.
Rectification deed is an equitable relief granted by the Court of equity, based on doctrine of mistake. In order to have deed of rectification, there must be mutual mistake and the original deed does not reflect the true intention of parties.
More important is that mistake should be of facts and not a mistake of law. Sections 20 and 21 of Indian contract act deals with this aspect.
When the parties to deed, agreed to modify, add and delete the terms of original deed to bring in true intention, it is necessary to reduce such modifications into writing properly and pay the requisite stamp duty.
Rectification Deeds are executed on mutual consent of the parties to main deed, all the parties who have executed the main deed should join in execution.

Now we will talk about second time rectification deed.
In the off chance that there is an error in the rectification deed (ironic but quite possible! (Even it has happened in your case too), a supplementary rectification deed can be executed by paying requisite stamp duty and registration charges (if original deed and first rectification deed was registered)

Advocate Seema Vithal Mangaonkar LawRato