Everything you need to know about Rectification Deed

हिंदी में पढ़ें
June 15, 2021
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.



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.

Connect with an expert lawyer for your legal issue


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.

Connect with an expert lawyer for your legal issue



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.

Consult: Top Documentation Lawyers in India



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.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.

Connect with an expert lawyer for your legal issue

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 a 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. 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 makingrectification deed, by hiring a good documentationlawyer one can avoid all the legal processes involved and save time for other priorities. An experienced documentationlawyer can make sure that the deedmade is ironclad and itcannot 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'sAsk a FreeQuestionservice to get free advice on your legal issuefrom expert lawyers.



 

Comments


Sadhana
Mere land k paper mei ek jagah plot number galat hai Kaise thik karu

priyanka
Age of the building is 39yrs but its wrongly mentioned as 33yrs during my registration. As its mentioned 33yrs,I'm asked to pay extra fees to the Govnt now.Mistak done by lawyer.

Neydup Bhutia
My land registration is done but in sell deed amount It is les then actual amount so how can changed the value of land

Monu Kumar
Kya registered agreement me name me correction kara sakte hai Deepak Kumar Sharma se Deepak Sharma

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.


Googling your legal issue online?

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

Popular Documentation Lawyers


Advocate Sunil Kumar Bakshi
Sector-16 , Faridabad
35 years Experience
Advocate Rajeev Nigam
Kanpur Nagar , Kanpur
28 years Experience
Advocate Anup S Dhannawat
Borivali West , Mumbai
6 years Experience
Advocate Rajesh K.S
Subedar Chatram Road (SC Road) , Bangalore
16 years Experience

Related Articles


Connect with top Documentation lawyers for your specific issue

Legal Questions Answered by Top Lawyers


Documentation Law Articles


How to Legally change Name in Delhi?

How to Legally change Name in Mumbai?

How to Legally change Name in Bangalore?

How to Apply for a Character Certificate?

User Reviews


4.9 - 20 reviews
J
LawRatoLawRatoLawRatoLawRato

what to do if party is not ready to change the terms of contract?

Jaya on Dec 19, 2021
M
LawRatoLawRatoLawRatoLawRato

how much it cost to register rectification deed?

Mohan on Jan 02, 2022
M
LawRatoLawRatoLawRatoLawRato

Is it necessary to register a rectification deed?

Mohan on Nov 29, 2021
C
LawRatoLawRatoLawRatoLawRatoLawRato

Is it important to make a rectification deed?

Chetan on Dec 28, 2021
P
LawRatoLawRatoLawRatoLawRatoLawRato

need a lawyer for breach of contact case

Pankaj on Dec 01, 2021
G
LawRatoLawRatoLawRatoLawRato

it’s a very good article

Govind on Dec 20, 2021
R
LawRatoLawRatoLawRatoLawRato

The writer has explained the law perfectly.

Raju on Jan 07, 2022
S
LawRatoLawRatoLawRatoLawRatoLawRato

great advice. Thanks

Shashank on Jan 09, 2022
G
LawRatoLawRatoLawRatoLawRatoLawRato

nice work with the article.

Gopal on Jan 05, 2022
M
LawRatoLawRatoLawRatoLawRato

thank you for the article

Manu on Dec 28, 2021
A
LawRatoLawRatoLawRatoLawRatoLawRato

nice article. Thanks for the information

Aniket on Dec 11, 2021
P
LawRatoLawRatoLawRatoLawRato

whom to contact for any legal query?

Parul on Jan 02, 2022
M
LawRatoLawRatoLawRatoLawRatoLawRato

can you share your helpline number

Manoj on Dec 19, 2021
R
LawRatoLawRatoLawRatoLawRato

Good work with the article.

Rashi on Jan 10, 2022
A
LawRatoLawRatoLawRatoLawRato

great content. Thanks.

Anish on Jan 13, 2022
V
LawRatoLawRatoLawRatoLawRatoLawRato

helpful in understanding the law

Veena on Jan 07, 2022
S
LawRatoLawRatoLawRatoLawRato

good article and easy to understand

Sunny on Jan 05, 2022
A
LawRatoLawRatoLawRatoLawRato

good article. Can you share more detail

Anoop on Dec 08, 2021
V
LawRatoLawRatoLawRatoLawRato

good article. Very helpful

Vishal on Dec 18, 2021
A
LawRatoLawRatoLawRatoLawRatoLawRato

Thanks for the detailed article.

Anup on Nov 30, 2021

VIEW ALL