Rectification Deed - Rectify Mistakes in Your Sale Deed

During property transactions, paperwork is crucial. However, minor errors like misspelt names, incorrect area measurements, or typographical mistakes in survey numbers can undermine the legal validity of your documents. To rectify these errors promptly, you need a rectification deed—a supplementary document that nullifies mistakes and ensures accurate property records.  

A Rectification Deed, also known as a correction deed, is mentioned in Section 17 of the Indian Registration Act, 1908. With the help of a correction deed, you can correct documentation errors in the existing sale deed, transfer deed or other property-related documents. You can also add important information or delete non-relevant property details with a correction deed. However, the correction of the sale deed cannot be done to change the nature of the transaction or the parties' original intention. 

Having the correct sale deed details is vital for proving ownership of your property. Read on to know more about how you can rectify these errors.

What is a Rectification Deed?

Property purchase documents contain a lot of crucial details. Therefore, you must correct any minor discrepancies in these details, like spelling mistakes or numerical errors, immediately. The way to do it is by creating a rectification deed. Apart from typing mistakes, the correction of the sale deed may also include the addition of important information or the deletion of irrelevant details.

Also, any correction in the registered sale deed has to be done in the presence of both parties. By both parties, we mean the buyer and the seller. If the previous owner is no more, you can contact the legal heir of the previous owners for rectification. But what if you cannot trace the legal heir? A rectification deed without a seller is possible in those cases. You can apply for correction with subsequent documentation. 

What you need to know about Rectification Deed

Here are some aspects of the rectification deed that you need to keep in mind.

1. The error in the original document must be real and not be done on purpose. Also, the mistake must be a mistake of fact, not a mistake of law.
2. The rectification deed must be registered if the original deed was registered. 
3. Everyone who was a part of the original deal must help get the rectification deed registered.
4. Parties who don't want a rectification deed to be carried out can ask for help under Section 26 of the Specific Relief Act, 1963.
5. You can't change the sale deed unless the seller is there and signs it. If he refuses to make the change, you will have to start the legal process.

What kind of Mistakes can be Corrected with a Rectification Deed

The error should be very clearly mentioned while applying for a rectified property document

The rectification deed gives you the power to correct mistakes in the property documents.

This is how you should approach a Rectification Deed

1. The error should be very clearly mentioned while applying for a rectified property document
2. You can only rectify or nullify minor factual errors in your correction deed. 
3. No legal mistakes can be corrected with this deed. 
4. A correction deed is possible only when the error is genuine and unintentional. Moreover, all parties must agree to the rectified act.

Conditions for a Rectification Deed in India

A rectification deed is a legal document used to correct errors in an original property document, such as a sale deed or gift deed. The conditions for a rectification deed in India are as follows:

• Both parties involved in the original document must agree to the corrections.
• The errors in the original document must not be substantial and must be minor.
• The rectification deed must be executed on a non-judicial stamp paper of appropriate value.
• The rectification deed must be registered with the appropriate authority in the same jurisdiction as the original document.

It is important to note that a rectification deed cannot be used to change the fundamental terms of the original document. It can only be used to correct minor errors that do not affect the intent of the original document.

If one party does not agree to the corrections, the matter can be taken to court for resolution. However, this process can be time-consuming and expensive. It is always advisable to resolve such disputes amicably through negotiation and mediation.

What is the time limit for executing a rectification deed?

As per the statement of Sanjeev Chanda, an attorney at Meghalaya High Court, there is no specific timeframe mentioned by the law for correcting errors or mistakes in any document. If any party involved in the transaction discovers inaccurate information or discrepancies in the title document, it is important to notify the other party and rectify the mistake by creating a rectification deed.

Considering that these documents act as evidence of your ownership of an asset, it is crucial to promptly correct any errors. Neglecting to rectify these mistakes may put your position as the owner at risk.

Rectification Deed Format

Any rectification of the sale deed must follow a format that should contain the relevant details, including the error

The deed of rectification format must mention the following details

The deed must mention the following details:

• Personal information of the concerned parties
• Details of the Original Deed
• The discrepancy that needs to be rectified the concerned parties have to provide an undertaking stating that there are no changes to the original format and nature of the transaction.

A Sample Format for Deed of Rectification

This deed of rectification is executed at _____________, on _____________, between ______________, son/daughter of ____________, residing at ______________, hereinafter referred to the Rectifier/Vendor, which term includes its successors and assigns of the one part;

And

_____________, son/daughter of ___________________, residing at, __________, hereinafter referred to as purchaser/buyer, 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 as Document No. of Book1 volume in the file of the Sub Registrar of __________ hereinafter referred to as the principal deed.

WHEREAS in the principal deed dated ________ in line _______of page number ________ the name of the purchaser was wrongly typed as _______ instead of ______. 

WHEREAS this typographical error has come to the knowledge of the above-said purchaser and requested the rectifier/vendor to rectify the same.

THE DEED OF RECTIFICATION WITNESSETH AS FOLLOWS:

That is the Principal Deed dated _______ in line _________ of page No. ________ the name of the purchaser of the property MENTIONED is wrongly typed as __________ and is rectified as ______________ by this rectification deed.

This rectification deed confirms that except for the change aforementioned, the principal sale deed remains in full force and effect.

That no consideration has been received by the rectifier/vendor for the execution of this Rectification deed.

Name of the purchaser

(In the principal deed)

_________

Name of the purchaser

(Rectified by this deed of rectification)

___________

Property market value: Rs __________

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

WITNESS 

__________________

RECTIFIER

________________

PURCHASER

___________________

You can refer to this correction deed format. It’s easy to follow and can be applied under various circumstances.

Rectification Deed Stamp Duty

For concerned parties, the rectification deed stamp duty depends on whether the original sale deed was registered or not. If not registered, you can null the previous deed and draft a new one.

In the case of registered deeds, you have to pay Rs 100 as stamp duty. However, if there is a mistake in the original Document regarding any area change, then stamp duty will differ along with the deed of rectification cost.

How to Use a Deed of Rectification for Name Change?

It is important to note that a deed of rectification for a name change can only be used for minor errors in the name. If there are major errors or discrepancies in the name, a rectification deed for name change may not work and a separate legal process may be required.

How to make a Rectification Deed? 

There are two ways to create a rectification deed.

1. At the office of the sub-registrar

If either party finds a mistake in the sale deed, they must go to the sub-office registrar's where the deed was originally registered, in person. 

With all the necessary proof, they will have to fill out an application and send it to the office to ask for changes to the document. 

If big changes need to be made to the original document, both parties will need to bring two witnesses each for the rectification deed to be registered.

You can also carry out a rectification deed online. To get started, you will need to go to the website of the State land revenue department.

2. Create a Rectification Deed Online

Now visit the state official websites and apply for a rectified deed from the comfort of your home

Now, you can book appointments, fill out and pay correction deed stamp duty online. Each state has their official website for maintaining the rectification deed procedure online. Visit the concerned state website and apply for a correction deed.

Here are the official sites for some states:

1. West Bengal: www.wbregistration.gov.in
2. Maharashtra: gras.mahakosh.gov.in/igr/
3. Bihar: http://bhumijankari.bihar.gov.in
4. Gujarat: https://services.india.gov.in
5. Delhi: http://revenue.delhi.gov.in
6. Karnataka: https://kaverionline.karnataka.gov.in
7. Tamil Nadu: https://tnreginet.gov.in

Procedure for Rectification Deeds

Once a mistake is identified, both parties involved must know and agree verbally to rectify the error. All parties should be present at the Sub-registrar’s office, where the correction deed is created and registered. 

You have to apply for it and submit all the supporting documents. If there is any significant change like a change in property location, a witness from both parties should be present.

Now you can quickly rectify any minor mistake in your property documents with the help of a Rectification Deed. However, most of us are not well-versed in a lot of legal terms and implications.

Limitations of the Rectification Deed

1. Cannot be used for changing legal aspects of the documents such as the nature of the transaction or the initial intention of both the parties involved
2. Errors that come under the jurisdiction of the Sub-Registrar’s office 
3. A complete change in the property location, which in turn changes the jurisdiction
4. Correction Deed stamp duty errors

In conclusion, rectifying mistakes in property documents through a rectification deed is crucial to ensure accurate records and maintain the legal validity of your documents. However, legal issues such as these can be a hassle, especially for individuals who are not familiar with legal terms and implications. This is where NoBroker can Help. Contact NoBroker's legal services to help you rectify errors efficiently and ensure accurate and reliable property records.

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