Rectification Deed: Everything You Need to Know

It is human nature to make mistakes. We learn from our past mistakes. It is said that the more you make mistakes, the more you step towards perfection. However, some mistakes are irreversible, while others can be modified.

Now, if we limit ourselves to the field of real estate, we have provisions to rectify our mistakes. For instance, if you have made any mistake in the sales deed or title deed (which are necessary while transferring the ownership of the property) then you can rectify the mistakes by creating a rectification deed!

Let’s take an example

Suppose you have signed the deed and have registered the deed of your newly bought dream house. One Sunday morning you sit with the documents and see that the typist has made a mistake in typing the spelling of your name. You get worried as the question is of ownership of the property. Who would like to know that the property that has been bought by him/her is not his/hers! Thus, you have to rectify the mistake as soon as possible. So, the way out is the Deed of Rectification!

So, what is this rectification deed? It is a type of supplementary deed that is created to correct any kind of spelling mistakes, numeric mistakes, mistakes in the property description, typing errors, repetitions made, etc. Thus, if you make any mistake in the original deed, then you can make the necessary changes, addition or subtraction in the rectification deed. Now, let’s have a further discussion on the rectification deed.

A General Discussion

Execution of property records is a complex process. Frequently, a blunder happens during this. It is expected that you should correct the mistakes at the earliest for your benefit.

A rectification deed is a record executed between the seller and the buyer to address any mistakes in the principal deed. However, the error(s) ought to be related to factual details only. It should never be an error of law! It is executed only when there is mutual consent between you (the buyer) and the seller. You have no right to force anyone. You need to decrease the corrections into a properly executed record. Further, you need to pay the required stamp duty.

Under Section 17 of the Indian Registration Act, 1908, the Rectification deed is a legal way to correct the mistakes made in the original deed. However, the deed is to be registered to be recognised as legally valid. One important thing to note here is that the sub-registrar will only accept your application for registration if he feels that the errors of the principal deed were made unintentionally or accidentally. Thus, everyone related to the deed is expected to be present at the sub-registrar’s office when the application for registering the rectification deed is being submitted.

Now that you know that the mistakes made in the principal deed is genuine, and your application is accepted, you also need to pay a minimal amount of Rs. 100 (stamp duty) provided that the mistakes are very minimal (like spelling errors, small typing errors, etc.). If major changes are to be made, you might have to pay higher stamp duty. That depends on the type of mistakes made in the deed!

Alright, all these things can happen if you (the buyer) and the seller agree. What if one party doesn’t agree? Relax! The world won’t end then! You have a way out. You can take legal help under Section 26 (a) of the Special Relief Act, 1963. It says that if the principal deed fails to express the needs of both/any the parties, then you can seek refuge under it. The necessary steps will be taken to help you rectify the mistakes made, provided that they are unintentional or accidentally made.

On a Final Note

I hope that I have been able to give you a general idea about the rectification deed. These technical terms might be a bit difficult for a layman to digest. Hence, Roodland India is lending a helping hand to you!

This fast-expanding company has a committed group of professionals who can help you in any matter related to real estate. Be it a doubt related to understanding a technical term, choice of a property, or anything, you get the best help here.

Drop a mail at info@roodland.com to get in contact with our experts at the earliest.