The Ultimate Guide to Rectification Deeds

The execution of property documents is a complex process. Sometimes, mistakes can happen in this process, which can lead to litigation, and may finally result in nullification of the transaction.

So, is there a way to rectify errors in the property document? Yes! This is where the Rectification Deed comes into the picture. Also known as the Correction Deed, this is an agreement between two parties to correct the errors in a previous Deed. These could be typing errors, misspelt names, errors in the property description, or any other errors in the execution of the document.

How to deal with errors

If you notice the errors at a pre-registration stage, there are two ways to deal with it:

•    If the errors are of a common nature, they can be corrected on the Deed itself and authenticated by all parties involved

•    If the errors are of a factual nature, the relevant page can be corrected and replaced

If you notice the errors after the Sale Deed is registered, then you must obtain a Rectification Deed. While this serves as a supplementary document meant to rectify errors of a factual or typographical nature in the original deed, it cannot correct mistakes about the law.

Conditions for creating a rectification deed

Obtaining a Rectification Deed is a simple process provided the following requirements are met:

•    The error must be genuine

•    It must be inadvertent, not intentional

•    All the parties must agree to the rectification

The contents of the deed

Rectification deeds usually contain the names and addresses of the seller and buyer, details of the original deed, and description of the rectification to be made. It must be clear and concise in language to avoid future complications. It must not alter the scope of the original document or violate any regulations.

Also, care must be taken to ensure that the rectification doesn’t deprive either party of their rights.

The procedure

• Once the details are agreed upon by the seller and buyer, the same should be transferred to a duly executed document
• Registration charges and stamp duty are to be paid by the parties as per the laws of the state
• The Deed then needs to be registered in the Sub Registrar’s office where the original Sale Deed was registered
• If there is an error in the Rectification Deed (ironic but quite possible!), a supplementary Rectification Deed can be executed by paying the requisite stamp duty and registration charges