Real estate rectification deed.

What is Rectification Deed in Real Estate?

Real estate transactions include tedious documentation that can lead to minor errors such as numerical or spelling mistakes. These errors can challenge the legality of the documents if not corrected immediately. 

Here comes the role of a rectification deed. 

A rectification deed allows the buyers and sellers to nullify and fix such errors or mistakes in property-related documents. 

Read on to know everything about the rectification deed. 

What is a Rectification Deed?

A rectification deed, a correction deed, or a confirmation deed is a legal instrument that allows buyers and sellers to correct any mistakes or errors in property-related documents such as the sale deed and title deed. The rectification deed is recognized under Section 17 of the Indian Registration Act, 1908, as a legitimate way of fixing mistakes in legal documents. For the deed to be legally valid, it should be registered. 

The deed is used during property deals to correct the errors like misspelled names, typing errors, errors in property descriptions, or errors in the execution of the documents. With the help of this deed, you can delete irrelevant information or add details to the document. 

What gets rectified by the rectification deed?

Factual errors such as spelling mistakes, typing mistakes, numerical mistakes, errors in the property description, repetitions, or complex sentence structuring in legal documents can be nullified or corrected. A rectification deed cannot be used to alter the basic or legal aspects of the original document, like both parties’ initial intentions or the nature of the transaction. Moreover, stamp duty errors and jurisdictional errors are also not fixable through this deed. 

If you try to change the nature of the original deed, then the court can reject the rectification deed application. The request for the deed registration will only be approved if the sub-registrar is satisfied that the error in the original document was unintentional. All parties involved must accept the proposed alterations and be present at the sub-registrar’s office for the registration of the rectification deed. 

Things to keep in mind regarding the rectification deed

To start the process of a rectification deed, you need to meet the following conditions:

  • Make sure that the error made in the original deed is genuine.
  • Make sure that the error made in the original deed is unintentional
  • Make sure that all the parties involved in the original deed agree to execute and register a rectification deed. 
  • Make sure that the rectification is registered, too, if the original deed was registered.
  • Make sure that the parties against the execution of the deed can seek relief under Section 31 of the Specific Relief Act, 1963

For all the properties involved, the deed’s stamp duty is determined by whether or not the actual sale deed was registered. You could cancel the existing deed and draft a new deed if it wasn’t registered. The stamp duty for registered deeds is Rs 100. 

Moreover, the cost of the rectification deed and stamp duty will change if the original document has an error in any area change. You can make appointments, pay stamp duty for correcting deeds, and complete paperwork online. Each state has a dedicated website for keeping the correction deed process online. You can apply for a corrected deed on the relevant state website. 

Format of rectification deed

A rectification deed should contain the personal information of the parties involved and details of the original deed. It should also clearly mention the mistakes that need to be rectified. The parties concerned should have to furnish an undertaking mentioning that no changes have been made to the nature and original format of the sale deed. 

Deed Of Rectification

This deed of rectification is executed at _______, 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 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 WITNESSES 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 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 Number of property

(In the principal deed)

208

Survey Number of property

(Rectified by this deed of Rectification)

218

Property market value: ______

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

_______

PURCHASER

_______

Procedure to create rectification deed

When the parties involved in the real estate transactions find an error in the sale deed, they can initiate the process of rectification. Here is the procedure you need to follow to get the rectification deed drafted and registered. 

Offline method

  • Ensure that the errors you want to get rectified fit in with the jurisdiction of the rectification deed. 
  • The parties need to make an appointment at the sub-registrar’s office where the deed that needs to be rectified was previously registered.
  • The official will help take the matter of rectification further with all the supporting documents, seeking correction in the document. 
  • If the original document requires major changes, all the parties involved must bring one witness to register and sign the rectification deed. 

Online Method

You can also apply online to create and execute a rectification deed. Log onto the state Land Revenue Department portal to start the procedure. 

Time limit to execute rectification deed

According to the Meghalaya High Court, there is no time limit within which an error or mistake in the deed should be corrected. Once the party involved in the transaction notices any mistake or any inaccurate information in the original deed, they should bring it to the other party involved in the transaction and rectify the error by creating a rectification deed. 

This deed serves as proof of ownership of your property, so you must get the errors corrected as soon as possible. Failure to rectify the mistakes could endanger your position as the owner. 

Alternative to Rectification Deed

The high court can direct the rectification of the document if it is satiated that the deed is not expressing the real intention of the parties involved. This relief is entirely optional. Under Section 26 of the Specific Relief Act 1963, you may file a suit before the court. In case the real intention of the party involved is not properly reflected in the document, the law provides relief to parties because of a bonafide mistake.

Summing Up

With the help of a rectification deed, you can easily fix any small mistake in your property document. However, we must familiarize ourselves with the implications and legal concepts. You can contact PropertyOK to get the perfect property and complete your documentation correctly. 

Frequently Asked Questions

  1. Is it necessary for the rectification deed to be stamped?

The parties should reduce the correction into a duly executed deed. They must also pay mandatory stamp duty to register the deed with the specified authority. 

  1. What is the limitation of the rectification deed?

The rectification deed cannot be used to alter the legal aspects of the original document, like the initial intention of both parties or the nature of the transaction. It also omits stamp duty errors that fall within the sub-registrar’s jurisdiction and property location changes such as changing jurisdiction. 

  1. Is it possible to amend a deed after execution?

A rectification deed should be executed only after the mutual consent of the parties to the original deed. Usually, a manuscript amendment may be possible depending on the nature of the error but a material amendment will be void or voidable against any party who has not approved it.

  1. What happens to the rectification deed if seller dies?

Execution of a rectification deed is possible only if the seller agrees to do so. If the seller dies, his legal heirs can execute the deed in favor of the buyer or buyer’s heirs. You need to contact the seller’s heirs and convince them to do so. 

  1. Is cancellation of a sale deed possible?

Yes, it is possible to cancel the registration of the sale deed by registering a cancellation deed. A cancellation deed is a legal document that disrupts any rights the buyer of a property may have had to it. This deed cancels the transfer of the property that had taken place between the buyer and seller. A suit for cancellation of sale deeds is triable by Civil Court and not Revenue Courts. 

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