Everything you need to know about Rectification Deed

हिंदी में पढ़ें
August 27, 2019
By Advocate Chikirsha Mohanty



What is 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 error, misspelled name, error 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.
 

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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 recognises 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 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.

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What is the procedure involved in 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.

  • In 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.
     

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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 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 rectification deed?

There is no limitation for executing a rectification or correction deed. At any point in time, if a mistake is found out, rectification deed can be executed. 

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

Looking at the complexity of the procedure for making 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.



 

These guides are not legal advice, nor a substitute for a lawyer
These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.


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August 27, 2019 Everything you need to know about Rectification Deed https://lawrato.com/assets/images/lawguide.png
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Is it necessary to register a rectification deed?

Vineet on Aug 04, 2019
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how much it cost to register rectification deed?

Gayatri on Aug 12, 2019
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what to do if party is not ready to change the terms of contract?

Sridhar on Jul 30, 2019
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need a lawyer for breach of contact case

Mandeep on Aug 27, 2019
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Is it important to make a rectification deed?

Senthil on Aug 30, 2019
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how to contact a lawyer?

Sudhakar on Sep 09, 2019
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how to contact a lawyer for my legal case?

Rashi on Sep 09, 2019
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needed a lawyer….what is the procedure?

Kumar on Aug 11, 2019
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The writer has explained the law perfectly.

Simran on Aug 22, 2019
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Good work with the article. Solved all my legal queries. Regards.

Mohit on Aug 06, 2019
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Gave me a very clear idea of the subject.

Aravind on Aug 10, 2019
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needed more information. Where to call?

Pranav on Aug 01, 2019
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I have a case. Who can I contact?

Shivani on Aug 26, 2019
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thanks for the info. How can we contact a lawyer?

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very helpful and detailed

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helpful in understanding the law

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needed legal help…whom shall I contact?

Kishor on Aug 04, 2019
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Very nice article.

Prem on Aug 09, 2019
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thanks for the information

Syed on Aug 21, 2019
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Very helpful for my legal case.

Prabhat on Aug 01, 2019
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Nicely written article. Very comprehensive.

Rajendra on Sep 08, 2019

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