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.

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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.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.

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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.



 

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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