What is Deed Of Rectification :- 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. It is also referred to as a deed of confirmation, supplementary deed, amendment deed, etc.
Only factual mistakes in property documents can be corrected through deed of rectification. Generally, a nominal charge of Rs 100 has to be paid, to get a rectification deed registered.
A rectification deed is recognized 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.
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.
NOTE : 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.
While registering the rectification deed, you should be careful that it does not result 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 clear and concise way. This may help prevent any future dispute.
Limitations :- It cannot be used to correct any errors made of points of law such as- 1)Inadequate stamp duty 2)Incorrect Jurisdiction 3)Nature of transaction, such as sale deed cannot be registered as gift deed. 4)change of scope from original deed. 5)If there are mistakes related to law in original deed, a separate procedure is to be followed and they cannot be fixed through rectification deed.
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.
Disputes arising from rectification deed :- In case one of the two parties is not in favor 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.
Format of rectification deed :- It should be drafted in approved format and should include the following details- 1)Name and address of the rectifier and purchaser. 2)details of the principal deed 3)Details of the rectification to be made 4)Two witness and rectifier and purchaser signature. You may contact us for drafting of rectification of deed.