Rectification deed: All you need to know

[ecis2016.org] A rectification deed gives buyers and sellers the scope to correct mistakes in property documents

A rectification deed is a legal instrument that gives you the freedom to nullify any errors or mistakes in any legal document. A rectification deed is often used to correct mistakes in property transaction-related conveyance deeds. In case you spot errors in your sale deed or any other property-related document, you should get a rectification deed (or deed of rectification) drafted and registered, to nullify the error.

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In this article, we touch upon the various aspects of this important legal remedy.

What is rectification deed?

A rectification deed is an important legal instrument that gives buyers and sellers the scope to correct mistakes in documents like sale deeds and title deeds. A rectification deed is also referred to as a deed of confirmation, correction deed, confirmation deed, supplementary deed, amendment deed, etc.

A rectification deed is recognised under Section 17 of the Indian Registration Act, 1908 and is a perfectly legal way to correct errors in legal documents. The deed must be registered, to become legally valid.

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When is a rectification deed used?

By creating a rectification deed, an individual can rectify several mistakes, involving spelling errors, typing errors, mistakes in property description, etc. A supplementary deed can also be created, to make additions or subtractions in the original deed.

Do note here that only factual errors in property documents can be corrected through the amendment deed. Your application to register a rectification deed would be rejected, if there are legal mistakes and/or if you are seeking to change the basic nature of the original deed. Also, one must ensure that neither party’s interest undergoes any change, in the rectification deed.

More importantly, the sub-registrar would only accept your application for the registration of the rectification deed, if he is convinced that the mistake in the original document was inadvertent. All parties involved in the contract should agree upon the proposed changes and appear in the sub-registrar’s office for the deed’s registration.

Mistakes that can be corrected through rectification deed

• Spelling mistakes
• Typing mistakes
• Repetitions
• Numeric mistakes
• Complex sentence structuring

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Conditions for executing a rectification deed

One can start the process to get a rectification deed only when they meet the conditions stated below:

1. The error made in the original deed is genuine.
2. The error made in the original deed is unintentional.
3. All the people party to the original deed agree to get a rectification deed executed.

Not under the scope of rectification deed

A rectification deed cannot rectify the below mentioned issues in a sale deed:

• The basic character of the transaction.
• Payment of deficient stamp duty.
• Jurisdictional errors with regard to the sub-registrar’s office.

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Rectification deed charges

A nominal charge of Rs 100 has to be paid, to get a rectification deed registered at the sub-registrar’s office. However, this is true only in case of minor typing or spelling-related changes in the original documents. If major changes need to be made in the document, the office may demand higher stamp duty, recognising the transaction as a new one.

Is there any time limit in rectification deed execution?

The law does not say anything about the timeline within which an error or a mistake in any document should be corrected. As and when any party involved in the transaction realises that incorrect information or typing errors are present in the property document, they should bring it to the notice of the other party involved in the transaction and get the mistake corrected, through the creation of a rectification deed.

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As these documents stand as the legal proof of your ownership over an asset, no delay should be made to get errors rectified. Failure to rectify errors, could jeopardise your position as the owner.

Procedure to create rectification deed

If either party has found an error in the sale deed, the buyer and the seller will have to make an appearance in the sub-registrar’s office, where the deed was previously registered. They will have to submit an application to the official, seeking correction in the document, along with all the supporting documents. If major changes are required in the original document, the two parties will also have to take along two witnesses each, for the registration of the rectification deed.

Rectification deed online

You can also apply online to execute a rectification deed online. You will have to visit the state land revenue department portal to initiate the procedure.

Bihar: http://bhumijankari.bihar.gov.in
Delhi: http://revenue.delhi.gov.in
Gujarat: https://services.india.gov.in
Karnataka: https://kaverionline.karnataka.gov.in
Maharashtra: gras.mahakosh.gov.in/igr
Tamil Nadu: https://tnreginet.gov.in
UP: https://igrsup.gov.in
West Bengal: https://wbregistration.gov.in

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Contents of deed of rectification

The deed must mention the personal information of the parties involved in the transaction, along with the details of the original deed. It also has to clearly mention the error that needs to be rectified. The parties will also have to furnish an undertaking, stating that no changes have been made in the original format and character of the sale deed.

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Rectification deed format sample

DEED OF RECTIFICATION

This deed of rectification is executed at June 15, 2020, between Ram Charan, son of Deen Dayal, residing at Gomti Nagar, Lucknow, hereinafter referred to the RECTIFIER which term includes its successors and assigns of the ONE PART;

And

Ravi Kumar, s/o Ram Kumar, residing at, Vikas Puri, Kanpur, hereinafter referred to as PURCHASER which term includes his heirs, executors, administrators, representatives and assigns of the OTHER PART

WHEREAS the property was sold by the rectifier in favour of the purchaser herein in and by sale deed dated and registered in the file of the Sub Registrar of hereinafter referred as the principal deed.

WHEREAS in the principal deed in line 4 of page number 6 the survey number of the property was wrongly typed as 208 instead of 218. .

WHEREAS this typographical error has come to the knowledge of purchaser and requested the rectifier to rectify the same.

This rectification deed confirms that the principal sale deed shall remain in full force and effect, except for the changed aforementioned.

That no consideration has been received by the RECTIFIER for executing this Deed of Rectification.

Survey No of property

(In the principal deed)

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208

Survey No of property

(Rectified by this deed of Rectification)

218

Property market value: Rs 1 crore

In witness whereof the RECTIFIER and the PURCHASER have set their hands on the day and month year first above written in the presence of:

WITNESS RECTIFIER

Ram Charan

Lakhan Pal

Rahul Yadav

PURCHASER

Ravi Kumar

How deal with disputes arising from rectification deed

In case one of the two parties is not in favour of the suggested correction, they are free to take legal recourse and a suit could be filed against the party that has initiated the move to create a rectification deed. As prescribed under Section 26 (a) of the Special Relief Act, 1963, when a contract does not express the real intention of the parties, either party may institute a suit to have the instrument rectified.

Key facts to remember about rectification deed

Honest mistake: The mistake made in the original document must be bona fide and not intentional. Also, the mistake must be factual in nature and not legal.

Registration: If the original deed was registered, the rectification deed must be registered, too.

Joint execution: All parties involved in the previous arrangement must take part in getting the rectification deed registered.

Legal remedy against rectification: Parties who are against the execution of a rectification deed, can seek relief under Section 26 of Specific Relief Act, 1963.

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