Everything you need to know about Rectification Deed

What is the Rectification deed?

Rectification or Confirmation deeds are also known as correction deeds. They are entered between two parties to rectify any errors made in a previous deed. These errors may include typing errors, misspelled names, errors in the property description, or any other error in the execution of the documents. These mistakes can be later corrected through a deed of confirmation.

Conditions for a Rectification Deed

Some conditions for a Rectification Deed are as follows:

(a) The error must be genuine

(b) It must be inadvertent, not intentional

(c) All the parties must agree to the rectification thereof.

Errors that can be rectified by way of a Rectification Deed

Through a Rectification Deed, only factual errors in documents can be rectified/corrected/nullified. Legal mistakes cannot be fixed through a Rectification Deed. A Rectification Deed cannot be used to change the legal or the basic nature of the original document. Jurisdictional errors and stamp duty errors are also not fixable through a Rectification Deed.

Following are the conditions under which a rectification deed is made:

(a) The error must be genuine (b) It must be inadvertent, not intentional (c) All the parties must agree to the rectification thereof.

Which law governs the Rectification deed?

The Indian Registration Act recognizes confirmation deeds. According to Section 17 of the Act, any deed confirming any interest in an immovable property needs to be registered. The confirmation may be given either by acquiescence, by limitation, or by deeds. A confirmation deed attracts stamp duty. In case the main document is registered or to be registered, the corresponding confirmation deed also requires registration.

What is the content of a Rectification deed?

Rectification deeds contain the names and addresses of the parties involved, details of the original deed and a description of the rectification to be made. It must be clear and concise in language to avoid future complications. It must not alter the scope of the original document or violate any regulations. Also, care must be taken to ensure that the rectification doesn't deprive either party of their rights.

What is the procedure involved in the Rectification deed?

• Once the details are agreed upon by the parties the same should be transferred to a duly executed document.

• Registration charges and stamp duty are to be paid by the parties as per the laws of the state.

• The deed then needs to be registered in the Sub-Registrar's office where the original deed had been registered.

• On the off chance that there is an error in the rectification deed (ironic but quite possible!), a supplementary rectification deed can be executed by paying requisite stamp duty and registration charges.

What is the recourse available if one party does not agree to the corrections?

In cases where parties to the agreement do not agree to such an amendment or rectification of the executed documents, the other party may file a suit before a court under Section 26 of the Specific Relief Act 1963. The aggrieved party may institute a suit with the help of a lawyer to have the deed rectified. The court can direct the rectification of an instrument if it is satisfied that the deed does not express the real intention of the parties.

Is there any time limit in the rectification deed?

There is no limitation for executing a rectification or correction deed. At any point in time, if a mistake is found out, a rectification deed can be executed. However, it is recommended to rectify the mistake as soon as the parties notice it. In the future, the need to correct that particular error will arise and the longer the parties take to nullify the mistake, the harder it can get to correct it.

What are the charges to create a rectification deed?

Parties concerned have to get the rectification deed registered if the original document was registered, for which they have to pay a nominal charge of Rs 100. However, if the mistake in the original documents pertains to area change, the stamp duty may differ and more money may have to be paid.

A Sample Format for Deed of Rectification

DEED OF RECTIFICATION

This deed of rectification is executed on [Date], between [RECTIFIER's Full Name], son/daughter of [Father's Name], residing at [Address], hereinafter referred to as the RECTIFIER, which term includes its successors and assigns of the ONE PART And [PURCHASER's Full Name], son/daughter of [Father's Name], residing at [Address], hereinafter referred to as the PURCHASER, which term includes his/her heirs, executors, administrators, representatives, and assigns of the OTHER PART. WHEREAS the property was sold by the RECTIFIER in favor of the PURCHASER herein in and by sale deed dated [Date] and registered in the file of the Sub Registrar of [Location], hereinafter referred to as the principal deed. WHEREAS in the principal deed, in line [Line Number] of page number [Page Number], the survey number of the property was wrongly typed as [Incorrect Survey Number] instead of [Correct Survey Number]. WHEREAS this typographical error has come to the knowledge of the PURCHASER and requested the RECTIFIER to rectify the same. This rectification deed confirms that the principal sale deed shall remain in full force and effect, except for the changed aforementioned. That no consideration has been received by the RECTIFIER for executing this Deed of Rectification. Survey No of property (In the principal deed): [Incorrect Survey Number] Survey No of property (Rectified by this deed of Rectification): [Corrected Survey Number] Property market value: Rs [Property Market Value] In witness whereof the RECTIFIER and the PURCHASER have set their hands on the day and month year first above written in the presence of: WITNESS RECTIFIER [RECTIFIER's Full Name] [Signature] [Witness 1] [Signature] [Witness 2] [Signature]

PURCHASER

[PURCHASER's Full Name] [Signature]

Post-registration stage

Any error discovered after the sale deed has been registered can only be fixed by using a & quot Rectification deed,& quot thoug certain conditions must be satisfied in order to start this process. For an error to fall under the category, it must be legitimate, unintentional, and unintended on the part of all parties engaged in the original sale deed. Rectification deeds have restrictions and must follow a particular process. They are only able to correct factual errors they are unable to correct legal ones, such as insufficient stamp duty or jurisdictional mistakes involving the Sub-Registry office. Additionally, using this method does not change the essential nature of the transaction, such as turning a sale into a gift. The primary purpose of the Rectification deed is to fix errors in the original deed without changing the essence of the transaction or the intentions of the parties involved. Obtaining signatures from all parties, using the appropriate stamp paper, registering it at the same Sub-registrar's office, and citing the errors in the original deed being corrected are all phases in the rectification process. The cost and the time required will vary depending upon the nature and the scope the errors in the original deed and the requirements of the rectification deed.

Judgments on Rectification Deed

1. Noordin Esmailji Kurva vs. Mahomed Umar Subrati (1940) 42 BOMLR 605

It was held by the Hon'ble Court that a suit for rectification of deed on grounds of mutual mistake can be made if the rights of the 3rd parties have not intervened. It was also held that the date of the noticing of the mistake s the date from which the time runs. 2. Shamim Ahmed Siddique vs. Society Ltd. and Ors. (2008)

It was held in this case that for rectification of an instrument, it must be proved that it was through the mutual mistake of the parties and that it does not express the intention of the parties. The Court also stated that a court has the discretionary power to rectify a mistake under the following conditions:-

1. A mutual mistake in the framing of the instrument must be proved, and

2. The real intention of the parties must be ascertained.

How can a lawyer help you in making a Rectification Deed?

Looking at the complexity of the procedure for making a rectification deed, by hiring a good documentation lawyer one can avoid all the legal processes involved and save time for other priorities. An experienced documentation lawyer can make sure that the deed made is ironclad and it cannot be challenged in the future on any technical grounds. He can help you understand the clauses and can negotiate the same with the other party on your behalf. You can also use LawRato's Ask a Free Question service to get free advice on your legal issue from expert lawyers.

FAQs on rectification deed

1. Can the rectification deed be cancelled?

   • Yes, this can be done by filing an application or by executing a new deed, the errors can be nullified through this process

2. How to deal with disputes arising from rectification deed?

   • A case can be filed against the party who opted for rectification deed and also Section 26(a) of Special Relief Act, 1963 states that if the intention behind the contract is not fulfilled it may be rectified with the consent of both the parties

3. What is a rectification deed in India?

   • It is an instrument which helps the parties of an agreement to rectify any factual errors made in the original agreements, it is essential to register the rectification deed.

Advocate Chikirsha Mohanty

4.0 | 2+ user ratings Greater Kailash - 1, Delhi
5 years

GET LEGAL HELP

GET LEGAL HELP

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

TALK TO A LAWYER