What Is A Rectification Deed?

 February 14, 2020   |   Sunita Mishra

Days after registering his newly acquired property, Abhik Sinha, 31, realised that his
name was wrongly spelt as ‘Abheek Sinha’ in the sale deed. This could never be
signed off as a minor mistake, especially as this document acts as proof of ownership
over a high-valued asset. However, this could be corrected by way of a
rectification deed.

Explained at length is the rectification deed and its scope. 

When Does The Need To Create A Rectification Deed

Arise?
Property purchase documents contain crucial details. In case of any error ─ big or
small, typical or numerical ─ comes to the notice of the parties involved in signing of
the contract, no time should be lost in getting it corrected. This could be done by
way of creating a rectification deed. Among the mistakes that could be corrected
through a confirmation deed include spellings errors, typing errors and mistakes in
property description. A rectification deed could also be created to make additions in
the original deed or delete needless information. This must, however, be done
without changing the original legal framework of the document and in a manner that
neither party’s interest undergoes any change.

What Errors Could Be Corrected Thorough Rectification

Deed?
Only factual errors in property documents could be nullified by creating a
rectification deed. Rectification deed can’t be used to nullify legal mistakes.  The
basic nature of the original deed can also not be changed through the correction
deed.  

What Are The Conditions To Create A Rectification

Deed?
The precondition to create a rectification deed is that the mistake in the original
document should be inadvertent and all parties involved in the contract should agree
upon the proposed changes. 
What Are The Other Names For A Rectification Deed?
Rectification deed, recognized under Section 17 of the Indian registration Act, 1908,
is also known as deed of confirmation, supplementary deed and amendment deed.  

What Are The Charges To Create A Rectification Deed?

Parties concerned have to get the rectification deed registered if the original
document was registered, for which they have to pay a nominal charge of Rs 100.
However, if the mistake in the original documents pertains to area change, the stamp
duty may differ and more money may have to be paid.

Is There A Time Limit Within Which An Error In Property

Documents Must Be Rectified?
There is no time limit on getting a mistake in a property document corrected.
However, for their own good, the parties involved in the contract must get the
mistake rectified as soon as they notice it. At one point or another, the need to
correct the error would arise and the longer you take to nullify the mistake the
harder it may get to correct it. 

What Is The Legal Recourse If One Party Doesn’t Agree

With The Changes In The Rectification Deed?
If one party doesn’t agree with the changes made in the confirmation deed, they
could file a suit against the move, as provided under section 26 (a) of the Special
Relief Act, 1963. The section says that when a contract doesn’t express the real
intention of the parties, either party may institute a suit to have the instrument
rectified. 

What Is The Process To Create A Rectification Deed?

Once all parties involved in the process reach a verbal agreement, they should
appear in the office of the sub-registrar to create the rectification deed and get it
registered, along with an application and all supporting documents. In case of major
changes, witnesses in the contract would also have to present themselves.

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