Everything you need to know about Rectification Deed

हिंदी में पढ़ें
September 03, 2016
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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User Reviews


4.8 - 25 reviews
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Is it important to make a rectification deed?

Raghav on Dec 16, 2020
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how much it cost to register rectification deed?

Akansha on Jan 12, 2021
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Is it necessary to register a rectification deed?

Ritesh on Dec 22, 2020
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what to do if party is not ready to change the terms of contract?

Varsha on Dec 27, 2020
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need a lawyer for breach of contact case

Ruchi on Dec 20, 2020
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needed a lawyer….what is the procedure?

Vinayak on Dec 27, 2020
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great advice. Thanks

Tanu on Jan 13, 2021
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Had a good time reading the article.

Sunil on Jan 14, 2021
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Very helpful in understanding the law.

Sarita on Dec 09, 2020
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very good article. Please provide more information on the subject

Kamal on Dec 29, 2020
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nice work. Learned a lot. Thanks

Mayur on Dec 06, 2020
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thank you for the information

Kanchan on Dec 31, 2020
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it’s a very good article

Parul on Dec 22, 2020
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how to contact a lawyer?

Mahesh on Dec 17, 2020
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very well written

Manju on Jan 20, 2021
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loved the way concept is explained. Nicely written for any layman to understand.

Ashwini on Dec 15, 2020
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nicely written

Anusha on Jan 07, 2021
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nice article. Good legal advice

Sumit on Dec 24, 2020
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I want to know more about this law. Good work

Bhanu on Jan 03, 2021
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informative with the law.

Anupam on Dec 09, 2020
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needed more information. Where to call?

Bharat on Dec 31, 2020
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nice legal article.

Satish on Dec 13, 2020
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learned all the basics about the legal issue. Good article. Keep it up.

Vikrant on Dec 28, 2020
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very informative.

Yogesh on Jan 02, 2021
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good work. Keep it up

Santosh on Jan 12, 2021

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