What Is A Rectification Deed?

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.