What is Rectification Deed? How Can We Register It?

Rectification deeds or Confirmation deeds are generally known as correction deeds. They are drafted between two parties to correct any mistakes in an earlier deed. Typographical errors, spelling mistakes in names, issues with the property description, and other problems in the execution of the documents might all fall under this category. A deed of confirmation can use to fix these errors later.

What is the use of the Rectification Deed?

A rectification deed includes typographical, grammatical, and descriptive errors in the property description. A supplementary deed will add any deletions in the main deed.

Please note that the amendment deed can only repair factual inaccuracies in real estate papers. If there are legal errors and you want to alter the original deed fundamentally, your application to register a rectification deed will deny. Additionally, it is important to ensure neither party’s interest changes due to the rectification deed.

Furthermore, the sub-registrar will only approve your request for the registration of the correction deed if he persuades that the error in the original document was unintentional. All parties must accept the proposed amendments to the agreement and show up in person at the sub-office registrar for the deed’s registration.

Conditions for Rectification of Deed

The following are some conditions for a rectification deed:

(A) The mistake must be accurate.

(B) It must be unintentional only

(C) The correction of it requires the consent of all parties.

Errors That a Rectification Deed Can Use to Correct

Any factual inaccuracies in documents may be fixed, eliminated, or rectified using a rectification deed. A rectification deed cannot use to correct legal errors. A rectification deed cannot alter the legal or fundamental essence of the original document. Additionally, problems relating to jurisdiction and stamp duty cannot correct by a rectifying deed.

What All Laws Govern Rectification Deeds?

The Indian Registration Act recognizes rectification deeds in section 17 states that Any deed proving an interest in real property must record. The confirmations should make through consent, restriction, or deeds, and stamp duty applies on a confirmation deed. The appropriate confirmation deed must be registered if the primary document has been or needs to be registered.

What Does a Rectification Deed Contain?

Rectification deeds include:

  • The individuals concerned.
  • Their names and addresses.
  • Information about the original deed.
  • A description of the correction should make.

The wording must be clear and straightforward, and it can’t break any rules or change the original document’s scope. Additionally, in the process of rectification, make sure that neither party violates the rights.

Procedure for Rectification of Deed

  • When all parties have agreed on the specifics, they should put it into a well-performed document.
  • According to state legislation, registration fees and stamp duty are the parties’ responsibility.
  • The deed must record in the same place the original deed was registered—the Sub-office. Registrar’s
  • They need to pay stamp duty and registration fees.

What Options Are There If One Side Disagrees with the Corrections?

The opposite party can file a lawsuit under section 26 of the Specific Relief Act of 1963 if the parties don’t agree to any alteration or rectification of the executed documents.

The mistaken party may file a lawsuit with the aid of a lawyer to have the deed corrected. If the court determines that a document does not accurately reflect the parties’ intentions, it may order its correction.

Does the Correction Deed Have a Time Limit?

Executing a rectification or correction deed is not subject to any restrictions. A rectification deed may carry out if a mistake is there. Nevertheless, it advises fixing the error as soon as both parties become aware. The parties will eventually need to rectify that specific issue, and the longer it takes them to do so, the more difficult it may be to do so in the future.

Rectification Deed Online

You can now make appointments, complete paperwork, and pay stamp duty for correcting deeds online. Each state has a dedicated website to keep the rectification deed process online. Apply for a corrected deed on the website of the relevant state.

  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

A Sample Format for Deed Ratification

This deed of rectification is executed at _____________, on _____________, between ______________, son/daughter of ____________, residing at ______________, hereinafter referred to as 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 property sold by a rectifier in favour of purchaser herein, by sale deed dated and registered as Document No. of Book1 volume in the file of the Sub Registrar of __________ hereinafter referred to as a 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. ________ name of the purchaser of the property MENTIONED is wrongly typed as __________ and rectified as ______________ by this rectification deed.

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

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

___________________

Conclusion

The ability to amend errors in legal documents like sale deeds and title deeds provides by rectification deeds, which are significant legal tools. A deed of confirmation, extra deed, amendment deed, etc., are the additional name for it.

Where the original deed does not accurately reflect the parties’ true intentions for the deed, there must have been a genuine error. The error should only apply to facts and shouldn’t be a legal error.

FAQs

What is a rectification deed?

An instrument known as a “rectification deed” is signed by the original parties to an agreement to fix errors in the agreement. Additionally, the rectification deed needs to record.

How do you get a rectification deed?

All of the original parties must agree to execute a rectification deed jointly.

What can be the cost of a rectification deed?

If the original documents only have minor errors, registering a rectification deed would cost you Rs 100. The sub-office registrars may request a greater stamp duty fee if significant revisions are required.

What format would be optimal for a corrected deed?

The names of the persons involved, information about the original deed, and a description of the error are all appropriate inclusions in a rectification deed format. The parties involved should additionally sign an agreement confirming that the document’s content has not changed.

What other titles do people give a rectification deed?

It is also known as a Supplementary Deed, Amendment Deed, or Confirmation Deed.

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