Understanding the Rectification Deed

Understanding the Rectification Deed

Where there is purchase or sale of property involved there are bound to be numerous documents associated with it. The process is often complicated and errors, while comparing documents or manually entering data, are not uncommon. So, what happens when there are errors like spelling mistakes or addresses entered wrongly?

This is where the rectification deed comes in.

What is a rectification deed?

The rectification deed, which falls under the Indian Registration Act 1908, is a supplementary document that is executed among the parties involved to correct mistakes in the primary deed.

What does it contain?

A rectification deed lists out the specifics of the buyers and sellers, terms of the original deed, and a detailed and precise description of the changes required.

How is the rectification deed implemented?

A rectification deed can be enforced only when there is mutual consent among the parties to add, delete, or modify the content of the original document.

Can a registered document be changed?

Yes, if the original deed or document has undergone registration, the rectification deed should also be similarly registered.

What are the charges for a rectification deed?

A rectification deed attracts registration and stamp duty charges, which will be given by the sub-registrar and concerned lawyer.

What happens in the event of a disagreement or mismatch of intention?

Under Section 26 of Specific Relief Act 1963, the aggrieved party can file a suit if the corrections in the rectification deed do not meet the collective intention or if they don’t agree to having a rectification deed in the first place.

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