How to make changes in Sale Deed ?
19-Aug-2023 (In Property Law)
We purchased a plot from a society in 1992 and registry done. Society changed my plot position saying that the registered plot which was supposed to be the societies plot could not be registered with society due to some dispute with the owner, then society allotted and gave us a different position in the same survey plot number. The boundary of new plot is differ from previous plot which is registered by society, please suggest me how to rectify the change plot boundary in sale deed paper.
What is Rectification Deed?
A rectification deed is a supplementary document executed between the buyer and seller to rectify the mistakes made in the original/principal deed with respect to factual and typographical errors. This is also known as the confirmation deed or correction deed.
Why is Rectification Deed required?
It is common knowledge that sale deed is an important legal document that transfers the ownership of the property from the buyer to the seller. Though prepared by an efficient lawyer with utmost care, errors may occur in a sale deed at times. Some of the common errors made in a sale deed are:
Incorrect description of the property such as its area and dimensions
Incorrect description of the parties such as their names and addresses
Incorrect location, address and survey number of the property
Incorrect description of revenue records
Incorrect information about prior title deeds
Incorrect details about ownership or power of attorney
Typographical errors
Any errors in sale deed, however minute or unintentional it may be, can lead to litigation and may result in the cancellation of the transaction. A sale deed is executed on a stamp paper of considerable value and it is not possible to execute different sale deeds when errors are detected. In such cases, a rectification deed can be executed to make the necessary corrections without affecting the transaction.
Now you may wonder whether a rectification deed is required if the mistakes are identified before registering the sale deed. In such instances, errors such as incorrect names and addresses of the buyer or seller, description of the property, etc. can be corrected in the sale deed itself, if they are identified prior to registration. The corrections can be authenticated by the involved parties (buyer and seller). A rectification deed is not required in such circumstances.
If a factual error pertaining to property measurement, terms of the transaction, etc, is identified, the particular page should be changed irrespective of the stamp cost on that page.
When to execute a Rectification Deed?
A rectification deed can be executed only when there is a factual error made in the original deed unintentionally and the original deed does not satisfy the requirements of both the parties involved. A rectification deed should be executed only if all the parties involved in the original deed agree with the addition, deletion or modification of any terms or information referred in the original deed.
Format of Rectification Deed
A rectification deed should be drafted in approved format and should include the following details:
Name and address of the rectifier/vendor and purchaser
Details of the principal deed
Details of the rectification to be made
Registration of a Rectification Deed
After both parties concur with the corrections to be made, the same should be transferred to a duly executed document. The concerned parties should pay the required stamp duty and registration charges for the registration of the deed according to the laws of the state. The rectification deed should be registered with the sub-registrar’s office where the principal deed was registered. The stamp duty and registration charges for general issues such as typographical errors are Rs.100 each. However, the charges as applicable for conveyance deed should be paid if the rectification deed deals with changes in the location, names of the buyers/sellers, survey number, or area and dimensions of the property. Sometimes the registration authority may implement additional stamp duty and charges based on the situation.
While registering a rectification deed, you should be careful that:
The rectification does not result in any fraud or violation of regulations.
The scope of the principal deed is not altered.
Both parties are not deprived of their rights.
The terms are explained in simple language and in a clear and concise way. This may help prevent any future dispute.
Limitations of Rectification Deed
A rectification deed cannot be used to correct any errors made on points of law such as:
Inadequate stamp duty
Incorrect jurisdiction
Nature of transaction, such as a sale deed cannot be registered as a gift deed
Change of scope from the original deed
If there are mistakes related to law in the original deed, a separate procedure should be followed and they cannot be fixed through the rectification deed.
Supplementary Rectification Deed
Sometimes, an error may occur in the rectification deed and it may require further rectification. A supplementary rectification deed can be executed in such cases to correct the errors. This deed can be executed with reasonable stamp duty and registration charges.
A rectification deed is a supplementary document executed between the buyer and seller to rectify the mistakes made in the original/principal deed with respect to factual and typographical errors. This is also known as the confirmation deed or correction deed.
Why is Rectification Deed required?
It is common knowledge that sale deed is an important legal document that transfers the ownership of the property from the buyer to the seller. Though prepared by an efficient lawyer with utmost care, errors may occur in a sale deed at times. Some of the common errors made in a sale deed are:
Incorrect description of the property such as its area and dimensions
Incorrect description of the parties such as their names and addresses
Incorrect location, address and survey number of the property
Incorrect description of revenue records
Incorrect information about prior title deeds
Incorrect details about ownership or power of attorney
Typographical errors
Any errors in sale deed, however minute or unintentional it may be, can lead to litigation and may result in the cancellation of the transaction. A sale deed is executed on a stamp paper of considerable value and it is not possible to execute different sale deeds when errors are detected. In such cases, a rectification deed can be executed to make the necessary corrections without affecting the transaction.
Now you may wonder whether a rectification deed is required if the mistakes are identified before registering the sale deed. In such instances, errors such as incorrect names and addresses of the buyer or seller, description of the property, etc. can be corrected in the sale deed itself, if they are identified prior to registration. The corrections can be authenticated by the involved parties (buyer and seller). A rectification deed is not required in such circumstances.
If a factual error pertaining to property measurement, terms of the transaction, etc, is identified, the particular page should be changed irrespective of the stamp cost on that page.
When to execute a Rectification Deed?
A rectification deed can be executed only when there is a factual error made in the original deed unintentionally and the original deed does not satisfy the requirements of both the parties involved. A rectification deed should be executed only if all the parties involved in the original deed agree with the addition, deletion or modification of any terms or information referred in the original deed.
Format of Rectification Deed
A rectification deed should be drafted in approved format and should include the following details:
Name and address of the rectifier/vendor and purchaser
Details of the principal deed
Details of the rectification to be made
Registration of a Rectification Deed
After both parties concur with the corrections to be made, the same should be transferred to a duly executed document. The concerned parties should pay the required stamp duty and registration charges for the registration of the deed according to the laws of the state. The rectification deed should be registered with the sub-registrar’s office where the principal deed was registered. The stamp duty and registration charges for general issues such as typographical errors are Rs.100 each. However, the charges as applicable for conveyance deed should be paid if the rectification deed deals with changes in the location, names of the buyers/sellers, survey number, or area and dimensions of the property. Sometimes the registration authority may implement additional stamp duty and charges based on the situation.
While registering a rectification deed, you should be careful that:
The rectification does not result in any fraud or violation of regulations.
The scope of the principal deed is not altered.
Both parties are not deprived of their rights.
The terms are explained in simple language and in a clear and concise way. This may help prevent any future dispute.
Limitations of Rectification Deed
A rectification deed cannot be used to correct any errors made on points of law such as:
Inadequate stamp duty
Incorrect jurisdiction
Nature of transaction, such as a sale deed cannot be registered as a gift deed
Change of scope from the original deed
If there are mistakes related to law in the original deed, a separate procedure should be followed and they cannot be fixed through the rectification deed.
Supplementary Rectification Deed
Sometimes, an error may occur in the rectification deed and it may require further rectification. A supplementary rectification deed can be executed in such cases to correct the errors. This deed can be executed with reasonable stamp duty and registration charges.
Helpful?
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What are the limitations of rectification deed?
A Rectification Deed cannot correct legal mistakes. The original documents legal status or basic nature cannot be changed by a Rectification Deed. A Rectification Deed cannot fix jurisdictional or stamp duty errors. 16 Oct 2023
What is the stamp duty for rectification?
Stamp Duty on Rectification Deed
You can cancel the old deed if it is not registered and create a new one. Stamp duty is Rs 100 in the case of deeds registered.
What is the process of rectification deed?
Both the buyer and seller must appear in person at the office of the sub-registrar where the deed had been registered if either party finds an error. The official will require that they submit a request for correction of the document along with the supporting documents. 11 Oct 2023
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