What is rectification deed? State wise charges, format, apply for rectification deed online

A rectification deed is a legal instrument that gives you the freedom to nullify any errors or mistakes in any legal document. A rectification deed is often used to correct mistakes in property transaction-related conveyance deeds. In case you spot errors in your sale deed or any other property-related document, you should get a rectification deed (or deed of rectification) drafted and registered, to nullify the error. In this article, we touch upon the various aspects of this important legal remedy.

 

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What is rectification deed?

A rectification deed is an important legal instrument that gives buyers and sellers the scope to correct mistakes in documents like sale deeds and title deeds. A rectification deed is also referred to as a deed of confirmation, correction deed, confirmation deed, supplementary deed, amendment deed, etc.

A rectification deed is recognised under Section 17 of the Indian Registration Act, 1908 and is a perfectly legal way to correct errors in legal documents. The deed must be registered, to become legally valid.

See also: All about property registration laws in India

When is a rectification deed used?

By creating a rectification deed, an individual can rectify several mistakes, involving spelling errors, typing errors, mistakes in property description, etc. A supplementary correction deed can also be created, to make additions or subtractions in the original deed.

Do note here that only factual errors in property documents can be corrected through the amendment deed. Your application to register a rectification deed would be rejected, if there are legal mistakes and/or if you are seeking to change the basic nature of the original deed. Also, one must ensure that neither party’s interest undergoes any change, in the rectification deed.

More importantly, the sub-registrar would only accept your application for the registration of the rectification deed, if he is convinced that the mistake in the original document was inadvertent. All parties involved in the contract should agree upon the proposed changes and appear in the sub-registrar’s office for the deed’s registration.

 

Mistakes that can be corrected through rectification deed

Spelling mistakes: Spelling mistakes can involve errors in the way words are spelled. This kind of mistake can confuse, mainly in legal documents

Typing mistakes: Typing mistakes are errors made while tying the document. Missing words, incorrect words, or typographical errors all come under typing mistakes. 

Repetitions: Repetitions occur when the same information or phrases are unnecessarily duplicated within a document. This can make the document lengthy, redundant, and potentially confusing.

Numeric mistakes: Errors in values such as amounts, dates, or measurements. These mistakes can lead to misunderstandings or disputes.

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Things to keep in mind when approaching correction deed

• When requesting a property document to be corrected, the inaccuracy must be made very evident.
• Only a few factual inaccuracies can be corrected or nullified in your correction deed.
• There are no legal errors that this deed can fix.
• Only in cases when the error is sincere and inadvertent can a rectification deed be performed. Furthermore, everyone involved must accept the corrected act.

Conditions for executing a rectification deed

One can start the process to get a rectification deed only when they meet the conditions stated below:

1. The error made in the original deed is genuine.
2. The error made in the original deed is unintentional.
3. All the people party to the original deed agree to get a rectification deed executed.

Limitations of a rectification deed

The main thing to remember here is that rectification deeds can be used only to correct minor mistakes. For example: they can correct misspellings, minor numerical inaccuracies, etc. Rectification deeds can not be used for more serious issues. 

Additionally, errors related to rectification duty stamp duty, such as incorrect calculation or payment of stamp duty, are not addressed by a rectification deed.

Comparison with other legal remedies

When addressing errors in legal documents, it’s essential to understand the distinctions between a correction deed and other remedies like executing a fresh agreement or seeking court intervention.

Rectification deed vs. fresh agreement

A rectification deed is employed to correct minor, unintentional errors in an existing document, such as typographical mistakes or incorrect property descriptions. It maintains the original agreement’s integrity and requires mutual consent from all parties involved. In contrast, executing a fresh agreement involves drafting a new document to replace the original one, which may be necessary when substantial changes are required or when the original document contains fundamental flaws. This process can be more time-consuming and may attract higher stamp duties and registration fees.

Rectification deed vs. court intervention

If parties cannot agree on the corrections or if the error is significant and affects the document’s core terms, court intervention may be necessary. Under Section 26 of the Specific Relief Act, 1963, an aggrieved party can file a suit to have the document rectified by the court. This legal process can be lengthy and costly but ensures that the document accurately reflects the parties’ true intentions when mutual consent isn’t achievable.

Not under the scope of rectification deed

A correction deed cannot rectify the below mentioned issues in a sale deed:

• The basic character of the transaction.
• Payment of deficient stamp duty.
• Jurisdictional errors with regard to the sub-registrar’s office.

See also: All about e stamping

 

Rectification deed charges

A nominal charge of Rs 100 has to be paid, to get a rectification deed registered at the sub-registrar’s office. However, this is true only in case of minor typing or spelling-related changes in the original documents. If major changes need to be made in the document, the office may demand higher stamp duty, recognising the transaction as a new one.

Cost implications beyond registration

• Legal fees: Engaging a legal professional to draft and review the rectification deed ensures accuracy and compliance with legal standards. The fees for such services can vary based on the complexity of the corrections and the lawyer’s expertise.
• Documentation costs: Preparing necessary documents, obtaining certified copies, and notarisation may incur extra charges. These costs depend on the number of documents and the specific requirements of the rectification.
• Penalties for delayed corrections: Although there’s no statutory time limit for executing a rectification deed, postponing the correction can lead to complications. Delays might result in disputes, legal challenges, or difficulties in future property transactions, potentially increasing legal expenses and time commitments.

State	Rectification deed charges
Rectification deed charges in Tamilnadu	Rs. 100
Rectification deed charges in Telangana	Rs. 100
Rectification deed charges in Karnataka	Rs. 100
Rectification deed charges in Maharashtra	Rs. 100
Rectification deed charges in Andhra Pradesh	Rs. 100
Rectification deed charges in Bangalore	Rs. 100
Rectification deed charges in Bihar	Rs. 100
Other Indian states	Rs. 100

What is the rectification deed time limit?

The law does not say anything about the timeline within which an error or a mistake in any document should be corrected. As and when any party involved in the transaction realises that incorrect information or typing errors are present in the property document, they should bring it to the notice of the other party involved in the transaction and get the mistake corrected, through the creation of a correction deed.

In fact, the Bombay High Court in March 2023 allowed corrected in a sale deed after 38 years of its execution, stating that Section 5 of the Limitations Act is elastic enough to apply in the law in a meaningful manner to meet the ends of justice.

That said, as these documents stand as the legal proof of your ownership over an asset, no delay should be made to get errors rectified. Failure to rectify errors, could jeopardise your position as the owner.

 

Delaying the execution of a rectification deed can lead to several adverse consequences:

1. Legal disputes: Errors in property documents may result in misunderstandings or disagreements between parties, potentially escalating into legal conflicts.
2. Invalidation of property transactions: Inaccuracies in legal documents can render property transactions void or voidable, jeopardising ownership transfer legitimacy.
3. 3. Challenges in future sales: Prospective buyers or financial institutions may hesitate to engage in transactions involving properties with documented errors, complicating future sales or financing opportunities.

 

How to make a rectification deed?

If either party has found an error in the sale deed, the buyer and the seller will have to make an appearance in the sub-registrar’s office, where the deed was previously registered. They will have to submit an application to the official, seeking correction in the document, along with all the supporting documents. If major changes are required in the original document, the two parties will also have to take along two witnesses each, for the registration of the rectification deed.

How to apply for a rectification deed online?

Applying for a rectification deed online in India involves a series of steps that may vary slightly depending on the state’s specific procedures. Below is a general guide to assist you through the process.

• Visit your state’s official land revenue department portal.
• Register or log in with your credentials.
• Navigate to the rectification deed or correction section.
• Complete the application form with accurate details of the original deed and corrections.
• Upload required documents, such as:
  • Copy of the original deed
  • Identification proofs of all parties involved
  • Supporting property documents

• Pay the applicable rectification deed stamp duty and registration fees.
• Apply and note the acknowledgement receipt with a reference number.
• Track the status of your application using the reference number.
• Schedule an appointment at the sub-registrar’s office for final verification and registration if required.

State-wise official sites for rectification deed

Bihar: http://bhumijankari.bihar.gov.in
Delhi: http://revenue.delhi.gov.in
Gujarat: https://services.india.gov.in
Karnataka: https://kaverionline.karnataka.gov.in
Maharashtra: gras.mahakosh.gov.in/igr
Tamil Nadu: https://tnreginet.gov.in
UP: https://igrsup.gov.in
West Bengal: https://wbregistration.gov.in

 

Contents of deed of rectification

The deed must mention the personal information of the parties involved in the transaction, along with the details of the original deed. It also has to clearly mention the error that needs to be rectified. The parties will also have to furnish an undertaking, stating that no changes have been made in the original format and character of the sale deed.

Components of a rectification deed

Preamble: The preamble acts as an introduction to the correction deed. This section outlines the purpose of the rectification deed and the context behind the rectification

Identification of a rectification deed: The original document is precisely identified in the rectification deed to ensure there is no confusion left upon comparing the original document with the rectified version. This section also includes dates mentioned in the original copy as well as any identifying registration number

Description of errors: This section clearly outlines the mistakes that were notified by the applicant.

Rectification statement: In the next section, all the fixed errors are mentioned, and how the errors are to be amended. You can find the replaced incorrect information with accurate data

Parties’ consent: All the parties must give their consent to the changes that have been updated. This is done through their signatures displaying the agreement.

Witness signature: Just like other legal documents, the signatures of the witnesses are required to validate the rectification deed

Registration: To enforce the updated changes legally, the rectification deed must be registered at the same registry office where the original document was recorded.

See also: All about deed of partition

Rectification deed without seller

Rectification deed without seller: Key challenges

1. Unreachable or uncooperative seller: After a sale deed is completed, the seller may become unresponsive or unwilling to assist with corrections, often due to a strained relationship with the buyer, personal disputes, or simple lack of interest.
2. Seller’s death: If the seller passes away before an error in the deed is rectified, the responsibility may fall on the seller’s legal heirs or representatives, who would need to be involved in the correction process.
3. Seller’s transfer of interest: When the seller has transferred their property interest to another party, the new party may need to participate in the rectification but could be unwilling or reluctant.
4. Ongoing disputes: Disputes between the buyer and seller can create resistance from the seller, making them unwilling to participate in any corrections needed for the original deed.

Rectification deed if seller dies

When a seller passes away before executing a rectification deed, addressing errors in property documents requires specific legal steps.

Role of legal heirs

The legal heirs of the deceased seller assume the authority to execute the rectification deed. Their consent and participation are essential to amend any inaccuracies in the original property documents. Engaging with these heirs is crucial to facilitate the correction process.

Procedure for executing the rectification deed

1. Identification of legal heirs: Determine the rightful heirs of the deceased seller, which may involve reviewing wills, succession certificates, or legal determinations.
2. Obtaining consent: Secure agreement from all identified heirs to rectify. Their collective consent is mandatory for the deed’s validity.
3. Drafting the rectification deed: Prepare a document that specifies the original error and the intended correction, ensuring it aligns with legal standards.
4. Execution of the deed: All participating heirs must sign the rectification deed, preferably in the presence of witnesses to affirm its authenticity.
5. Registration: Submit the executed deed to the appropriate sub-registrar’s office for official registration, updating the public records with the corrected information.

Challenges and legal recourse

The buyer may need judicial intervention if the legal heirs are untraceable or unwilling to cooperate. Under Section 26 of the Specific Relief Act, 1963, an aggrieved party can file a suit in a civil court to rectify the document. The court, upon verifying the unintentional nature of the error and the original intent of the parties, can mandate the necessary corrections.

 

Rectification deed format 

 

DEED OF RECTIFICATION

This deed of rectification is executed at June 15, 2020, between Ram Charan, son of Deen Dayal, residing at Gomti Nagar, Lucknow, hereinafter referred to the RECTIFIER which term includes its successors and assigns of the ONE PART;

And

Ravi Kumar, s/o Ram Kumar, residing at, Vikas Puri, Kanpur, hereinafter referred to as PURCHASER which term includes his heirs, executors, administrators, representatives and assigns of the OTHER PART

WHEREAS the property was sold by the rectifier in favour of the purchaser herein in and by sale deed dated and registered in the file of the Sub Registrar of hereinafter referred as the principal deed.

WHEREAS in the principal deed in line 4 of page number 6 the survey number of the property was wrongly typed as 208 instead of 218. .

WHEREAS this typographical error has come to the knowledge of purchaser and requested the rectifier to rectify the same.

This rectification deed confirms that the principal sale deed shall remain in full force and effect, except for the changed aforementioned.

That no consideration has been received by the RECTIFIER for executing this Deed of Rectification.

 

Survey No of property

(In the principal deed)

208

 

Survey No of property

(Rectified by this deed of Rectification)

218

 

Property market value: Rs 1 crore

 

In witness whereof the RECTIFIER and the PURCHASER have set their hands on the day and month year first above written in the presence of:

 

WITNESS RECTIFIER

Ram Charan

Lakhan Pal

Rahul Yadav

PURCHASER

Ravi Kumar

 

Rectification deed format in Hindi

 

Rectification deed examples

Example 1: A property deed that incorrectly lists the name of the property owner. A rectification deed is used to correct the owner’s name to match official records.

Example 2: A deed of sale that mentions an incorrect sale amount or property value.

Example 3: A lease agreement that mistakenly states the incorrect lease period due to clerical errors. A rectification deed is executed to amend the lease period to match the agreed terms.

Example 4: An error in the description of property boundaries or landmarks in a deed of conveyance that could lead to confusion or disputes.

Example 5: A joint ownership deed where one of the co-owners names is misspelled. A rectification deed is used to correct the spelling to match the individual’s legal name.

Example 6: A deed of gift where the relationship of the donor to the recipient is incorrectly stated. 

Example 7: A deed of partnership where the percentage of ownership shares was recorded incorrectly.

 

Rectification deed for joint property

When dealing with properties under joint ownership, executing a rectification deed to correct errors in the original document requires careful attention to ensure legal validity. Here’s how to handle a rectification deed for jointly owned properties:

1. Mutual consent of all co-owners

All parties involved in the original deed must agree to the proposed corrections. This mutual consent is crucial, as the rectification deed cannot be executed unilaterally. Each co-owner’s concurrence ensures that the rectification reflects the collective intent.

 

2. Joint execution of the rectification deed

The rectification deed should be executed jointly by all co-owners. This means that each party must sign the deed, acknowledging and approving the corrections. Joint execution reinforces the agreement among all parties regarding the rectified terms.

 

3. Registration of the rectification deed

Once executed, the rectification deed must be registered with the same Sub-Registrar’s office where the original deed was registered. Registration formalizes the corrections and updates the public record, ensuring the rectified deed’s legal standing. All co-owners should be present during the registration process.

 

4. Stamp duty and registration charges

The applicable stamp duty and registration fees for the rectification deed depend on the nature of the corrections and state-specific regulations. For minor errors, such as typographical mistakes, the charges are typically nominal. However, substantial corrections may attract higher fees. It’s advisable to consult with the local Sub-Registrar’s office or a legal professional to determine the exact charges.

 

5. Legal consultation

Given the complexities involved in rectifying jointly owned property documents, consulting with a legal expert is recommended. A legal professional can assist in drafting the rectification deed accurately, ensuring compliance with all legal requirements, and facilitating a smooth registration process.

 

Rectification deed stamp duty

In Maharashtra, the rectification deed stamp duty varies based on the registration status of the original sale deed and the nature of the correction:

• Unregistered original deed: If the original sale deed was not registered, it’s advisable to nullify the previous deed and draft a new one to ensure legal validity. 
• Registered original deed: 
  • Minor corrections: For minor errors, such as typographical mistakes, a nominal rectification deed stamp duty of ₹100 is applicable. 
  • Significant changes: If the correction involves substantial changes, like alterations in the property’s area, the rectification deed stamp duty may be higher, potentially equivalent to that of a new conveyance deed, depending on the specifics of the amendment. 

How to use a deed of Rectification for name change?

When there’s a minor, unintentional mistake in a party’s name within such documents, this deed facilitates the necessary correction. Here’s a step-by-step guide on how to use a Deed of Rectification for a name change:

1. Identify the error

Ensure the mistake in the original document is genuine and unintentional, such as typographical errors or misspellings in the name. It’s crucial that the mistake is factual, not legal, and that all parties acknowledge its existence.

2. Draft the rectification deed

Engage a legal professional to draft the rectification deed, clearly specifying the original incorrect name and the correct version. The document should reference the original deed, detailing the nature of the error and the intended correction.

3. Obtain mutual consent

All parties involved in the original agreement must consent to the corrections. Their contract is typically formalized by signing the rectification deed in the presence of witnesses.

4. Execute on appropriate stamp paper

The rectification deed should be executed on non-judicial stamp paper of a value the respective state government prescribes. For minor corrections, the stamp duty is generally nominal (e.g., ₹100), but it may vary based on jurisdiction and the nature of the correction.

5. Register the rectification deed

To give legal effect to the rectification, register the deed with the same authority where the original document was registered, typically the local sub-registrar’s office. Both parties should be present, along with the original document and necessary identification proofs.

6. Update records

After registration, ensure that all relevant records, such as municipal or revenue, are updated to reflect the corrected name. This step is vital to maintain consistency across all legal documents and records.

Key Considerations:

• Nature of the error: Rectification deeds are suitable for minor, factual errors. Significant changes affecting the document’s substance may require executing a new agreement or seeking court intervention.
• Timeliness: Address errors promptly to prevent potential legal disputes or complications in future transactions.
• Legal advice: Consulting with a legal professional ensures the rectification process adheres to all legal requirements and that the corrected document is legally sound.

 

What is a self rectification deed?

Minor Vs major corrections

Correction	Type
Spelling mistake in a party’s name	Minor Correction
Typographical error in property address	Minor Correction
Incorrect date mentioned in the document	Minor Correction
Numeric error in property survey number	Minor Correction
Incorrect property description (e.g., dimensions)	Minor Correction
Changing the property owner’s name entirely	Major Correction
Altering the boundaries of the property	Major Correction
Addition or removal of clauses in the original deed	Major Correction
Correcting the type of transaction (e.g., sale to gift)	Major Correction
Updating the area of the property due to measurement errors	Major Correction

This classification highlights that minor corrections typically involve factual or typographical errors, while major corrections involve changes that affect the substantive nature of the document.

 

How to deal with disputes arising from rectification deed?

In case one of the two parties is not in favour of the suggested correction, they are free to take legal recourse and a suit could be filed against the party that has initiated the move to create a rectification deed. As prescribed under Section 26 (a) of the Special Relief Act, 1963, when a contract does not express the real intention of the parties, either party may institute a suit to have the instrument rectified.

 

In recent years, Indian courts have provided significant interpretations regarding rectification deeds, emphasising their importance in correcting genuine errors in legal documents. Notable judgments include:

1. Manik Majumder & Others vs. Dipak Kumar Saha (Dead) through Lrs. & Others (2023): The Supreme Court highlighted the necessity of strict compliance with Section 33(1)(c) of the Registration Act, 1908, when executing a Power of Attorney (PoA) by a principal residing outside India. The Court emphasized that any deviation from these statutory requirements could invalidate subsequent transactions based on such PoA.
    
2. Veena Singh vs. District Registrar (2022): The Supreme Court underscored the importance of ensuring that sale deeds accurately reflect the true intentions of the parties involved. The Court noted that any discrepancies or incompleteness in the sale deed could lead to legal challenges, emphasizing the role of rectification deeds in addressing such issues.
    

Renu Verma vs. Praveen Kumar (2020): The Delhi High Court dealt with a case where the plaintiff sought cancellation of documents alleged to be forged. The Court reiterated that rectification deeds are appropriate for correcting genuine mistakes in documents but are not suitable for addressing disputes involving allegations of fraud or forgery.

 

Key facts to remember about rectification deed

Honest mistake: The mistake made in the original document must be bona fide and not intentional. Also, the mistake must be factual in nature and not legal.

Registration: If the original deed was registered, the rectification deed must be registered, too.

Joint execution: All parties involved in the previous arrangement must take part in getting the rectification deed registered.

Legal remedy against rectification: Parties who are against the execution of a rectification deed, can seek relief under Section 26 of Specific Relief Act, 1963.

 

See also: All about mutation of property

 

Legal implications and considerations

Understanding the legal implications of a rectification deed is crucial, as it directly affects property ownership and associated rights. Key considerations include:

Title Clarity: A rectification deed corrects discrepancies in property documents, ensuring that details such as property descriptions are accurate and legally valid.

Dispute Prevention: By addressing errors promptly, rectification deeds help prevent potential legal disputes that could arise from inaccuracies in property documentation.

Binding Effect: Once executed and registered, a rectification deed becomes a legally binding document, effectively amending the terms of the original deed.

Necessity for Legal Advice: Given the legal ramifications, it is advisable to seek professional legal counsel when drafting and executing a rectification deed to ensure compliance with all legal standards and protection of all parties’ rights.

In property transactions, executing a rectification deed correctly is essential to safeguard property rights and ensure the security of financial dealings.

Housing.com POV

A rectification deed serves as an essential legal tool for addressing errors or inaccuracies in property-related documents. By correcting factual mistakes, such as spelling errors, incorrect property descriptions, or other minor discrepancies, it helps ensure that legal agreements accurately reflect the original intent of the parties involved. Timely execution of a rectification deed is crucial to avoid complications in future transactions, and understanding the conditions and limitations of this instrument can safeguard your legal rights.

FAQs

What is rectification deed in India?

A rectification deed is an instrument that is executed between the original parties to an agreement, to correct mistakes in the agreement. The rectification deed should also be registered.

How do I get a rectification deed?

A rectification deed is executed jointly with the mutual consent of all the original parties.

How much does a deed of rectification cost?

Registration of a rectification deed attracts a nominal charge of Rs 100, if the original documents only have minor mistakes. If major changes need to be made, the sub-registrar’s office may demand higher stamp duty.

What is the difference between a rectification deed and a correction deed?

A correction deed typically addresses minor clerical errors, while a rectification deed corrects substantial errors that could impact the legal standing of the document.

Why is a rectification deed important?

A rectification deed is a legal document used to correct errors or inconsistencies in an existing agreement. It ensures that the document accurately represents the original intentions of the parties involved.

Can I apply for a rectification deed online?

Yes. Each state has its official website. Visit the official website and apply.

What are the other names for a rectification deed?

It is also known as the deed of confirmation, supplementary deed, and amendment deed.

What is the time limit for applying for a rectification deed?

Generally, it's best to correct errors in a document as soon as you notice them. However, the exact timeframe for doing this can vary depending on where you live and the type of error.

Can a rectification deed be used to correct a mistake in a property deed?

Yes, a rectification deed can be used to correct errors in property deeds, such as incorrect property descriptions or misspelled names.

Got any questions or point of view on our article? We would love to hear from you. Write to our Editor-in-Chief Jhumur Ghosh at jhumur.ghosh1@housing.com