Rectification Deed: A Complete Guide

A rectification deed is a legal document used to address mistakes or oversights in a formerly executed deed or lawful agreement. This document is utilized to correct mistakes like erroneous property portrayals or typographical mistakes. The basic role of a rectification deed is to revise and address errors in a formerly executed deed, in this way guaranteeing that the first purpose of the parties is precisely reflected and lawfully binding. Typically, it is utilized when the parties recognize the error and settle on the remedy, keeping up with the original transaction's integrity and intent. The rectification process forestalls disputes or false impressions that could emerge because of wrong data.

Importance of Addressing Errors in Legal Documents

Mistakes in legal documents can have huge repercussions in the Indian legal system. Whether these mistakes are minor typographical errors or significant factual errors, their effect can influence the legitimacy, enforceability, and overall integrity of lawful agreements. Addressing such blunders is critical because of multiple factors, including:

Ensuring Legal Validity

Under Indian regulation, legal documents should precisely mirror the goals and arrangements of the parties in question. Mistakes can compromise the document's legitimacy, making it lawfully questionable. Amending these blunders guarantees the document's legal validity and shields it from being challenged in court.

Preventing Disputes

Mistakes in legal documents can prompt misinterpretation and disputes between parties. For instance, a mistake in the amount stated in a contract or a property description can cause significant conflicts. Addressing these errors promptly helps prevent potential disputes, fostering smoother transactions and relationships.

Maintaining Enforceability

For a legal document to be enforceable under Indian regulation, it should be clear, exact, and liberated from significant mistakes. Courts in India depend on the exactness of legal documents to decipher and uphold agreements. Revising mistakes guarantees that the record can be effectively upheld on the off chance that a dispute emerges.

 Protecting Parties’ Rights and Interests

Mistakes in legal documents can accidentally adjust the rights and commitments of the parties in question. For instance, a wrong provision in an agreement could force accidental liabilities or deny rightful advantages. Correcting such mistakes is fundamental to safeguard the legitimate rights and interests of all parties.

Ensuring Compliance with Legal Requirements

Legal documents frequently need to agree with explicit legal and administrative requirements. Mistakes can prompt resistance, bringing about punishments or lawful approvals. Amending these mistakes guarantees that the document complies with every relevant regulation and guideline, for example, the Indian Contract Act, of 1872, and the Registration Act, 1908.

Facilitating Clear Communication

Legal documents serve as formal means of communication between parties. Errors can obscure the intended message, leading to confusion and misinterpretation. Addressing these errors enhances clarity and ensures that the document communicates the intended terms and conditions effectively.

Understanding Rectification Deed

A rectification deed is a legal document executed to address any errors or blunders tracked down in a formerly recorded deed or lawful agreement. These mistakes can be typographical, administrative, or authentic in nature and may include erroneous subtleties like the names of parties, property depictions, or some other relevant data. A rectification deed is likewise alluded to as a deed of confirmation, correction deed, supplementary deed, amendment deed, etc. A rectification deed is perceived under Section 17 of the Indian Registration Act, 1908, and is a entirely legitimate method for rectifying mistakes in legal documents. The deed should be enrolled, to be legally valid.

A rectification deed fills in as a lawful affirmation and revision of mistakes, in this manner forestalling expected disputes and prosecution. It guarantees clearness and precision in legal documents, maintaining the integrity of lawful transactions. By addressing mistakes promptly, parties can avoid misunderstandings and protect their legal interests.

Common Mistakes Corrected with a Rectification Deed

Typographical Errors:

• Incorrect spelling of names.
• Wrong property descriptions.
• Errors in dates and figures.

Clerical Mistakes:

• Misstatement of facts.
• Incorrect references to other documents.
• Errors in the legal description of the property.

Factual Errors:

• Wrong identification of parties involved.
• Incorrect details about the property, such as measurements or boundaries.
• Misstatement of the consideration amount.

Drafting Errors:

• Ambiguities or inconsistencies in the terms and conditions.
• Errors in the recital section of the deed.
• Incorrect formatting or structure that leads to misunderstandings.
   

Basic Criteria and Requirements to File

• Existence of Original Deed:

A rectification deed must be executed assuming there is a current original deed that needs revision. A Sale Deed, Lease Deed, Gift Deed, or any other legal document related to property can come under original deeds.

•  Mutual Consent:

All parties involved in the original deed must agree to the rectifications. The Rectification Deed should be signed by all parties who were part of the original agreement. Without mutual consent, a Rectification Deed cannot be executed.

• Nature of Error:

The error to be corrected should be factual or clerical in nature. This incorporates typographical mistakes, incorrect spellings, mistaken property portrayals, and so on. Significant changes or adjustments that modify the core agreements of the original deed might require another deed altogether.

• Stamp Duty:

The rectification deed ought to be stamped according to the appropriate regulations in a separate state or ward. Generally, the stamp obligation for a rectification deed is ostensible, yet this can differ contingent on local regulations.

•  Registration:

The rectification deed should be enrolled with the fitting sub- recorder's office where the original deed was enlisted. Enlistment is fundamental for the deed to be legitimately substantial and enforceable.

• Supporting Documents:

Copies of the original deed and other relevant documents (such as identity proof of the parties) should be submitted along with the Rectification Deed. These documents help verify the authenticity of the corrections.

Conditions Where a Rectification Deed is Applicable:

• Genuine Mistakes: The mistakes present in the original document should be certified and evident.
• Unintentional Errors: Mistakes in the original document ought to be accidental and not demonstrative of a false purpose.
• Mutual Consent: Parties associated with the transaction should commonly consent to execute the rectification deed.

Drafting a Rectification Deed

Step By Step Guide

The rectification deed must include:

• Title: Clearly mention "Rectification Deed" at the beginning of the document to indicate its purpose.
• Reference to the Original Deed: This section should include the following details:
• Date of the original deed.
• Registration number.
• Names of the parties involved in the original deed.
• Details of the Errors: Clearly specify the errors or omissions in the original deed that need correction.
• Corrected Information: Provide the correct details that will replace the erroneous ones in the original deed.
• Statements of Agreement: Include a statement that all parties to the original deed agree to the corrections being made through this rectification deed.

Documents required for rectification deed

 1. Original Deed

2.Identification Proof

• Aadhaar card
• PAN card
• Passport
• Driver’s license

 3.Address Proof

• Utility bills (electricity, water, gas)
• Bank statements
• Rent agreements

4.Consent Letters From All Parties Agreeing to the Rectifications (if applicable)

5.Stamp Paper

6.Witnesses (required in some jurisdictions)

7.No Objection Certificate (NOC)

8.Property Tax Receipts

9.Encumbrance Certificate

10.Power of Attorney

Format
 

DEED OF RECTIFICATION

This Deed of Rectification (hereinafter referred to as "This Deed") is made and executed on this [DATE], at [CITY], by and between:

[Name of Rectifier/Vendor], son/daughter of [Name of Father], residing at [Address], hereinafter referred to as the "Rectifier/Vendor" (which term includes his/her successors and assigns of the ONE PART);

[Name of Purchaser], son/daughter of [Name of Father], residing at [Address], hereinafter referred to as the "Purchaser" (which term includes his/her heirs, executors, and assigns of the OTHER PART).

WHEREAS, [Name of Rectifier/Vendor] was the [Seller/Party] and [Name of Purchaser] was the [Buyer/Party] in a [Type of Deed (e.g., Sale Deed, Gift Deed)] dated [Date] (hereinafter referred to as the "Principal Deed"), registered as Document No. [Document Number] in the office of the Sub-Registrar of [Place].

WHEREAS, the property more fully described in the Schedule hereunder was [sold/gifted] by the Rectifier/Vendor in favor of the Purchaser herein in and by the Principal Deed.

WHEREAS, in the Principal Deed dated [Date] in line [Line Number] of page number [Page Number], the [detail of error (e.g., name, survey number, area)] was wrongly mentioned as [incorrect detail].

NOW THIS DEED WITNESSETH AS FOLLOWS:

That the [detail of error] in the Principal Deed dated [Date] in line [Line Number] of page number [Page Number] is hereby rectified as [correct detail] by this Deed of Rectification.

This Deed of Rectification confirms that the Principal Deed dated [Date] shall remain in full force and effect, except for the change aforementioned.

That no consideration has been received by the Rectifier/Vendor for the execution of this Deed of Rectification.

IN WITNESS WHEREOF, the parties hereto have set their respective hands on the day and year first above written.

SIGNED BY                             SIGNED BY

[Rectifier/Vendor]                         [Purchaser]

[Witness 1] [Name], [Address]                 [Witness 1] [Name], [Address]

[Witness 2] [Name], [Address]                 [Witness 2] [Name], [Address]

Schedule

Description of the Property as per the Principal Deed (Insert description)

Description of the Property as rectified by this Deed (Insert corrected description)

How to execute a Rectification Deed?

At the sub-registrar's office
1. Identify the Error

The most vital phase in drafting a correction deed is to distinguish the particular mistake in the original document. Normal mistakes incorporate incorrectly spelled names, erroneous property depictions, or errors in the date or sum referenced in the deed.

2. Mutual Agreement

All parties involved in the original deed must agree to the rectification. The rectification deed should clearly state that all parties consent to the corrections being made.

3. Drafting the Rectification Deed

The rectification deed should be drafted with careful attention to detail. It must include:

• Title
• Reference to the Original Deed
• Details of the Errors
• Corrected Information
• Statements of Agreement

4. Execute the Deed

The rectification deed should be executed by all parties engaged with the original deed. This includes signing the document for the presence of witnesses whenever needed by local regulations. Prepare the documents beforehand as mentioned above.

5. Registration

The rectification deed should be enlisted with the appropriate power, typically the sub-registrar's office where the original deed was enrolled. The process involves:

• Taking the rectification deed and the necessary documents to the sub-registrar's office where the original deed was enrolled and introducing the correction deed alongside the original deed.
• The registrar will check the subtleties and guarantee that all parties have assented.
• Paying the imperative stamp duty and registration expenses, which fluctuate contingent upon the jurisdiction.

When the check and payment are finished, the sub-registrar will register the rectification deed. The deed is then officially recorded, and the corrections are legally recognized.

6. Obtain Certified Copies

After registration, obtain certified copies of the rectification deed for your records. This ensures that the corrected information is officially recognized and can be referenced in future transactions.

Online process 
A rectification deed can also be executed online. To start the process, you should visit the State land revenue department's site.

Financial Aspects of a Rectification Deed

In India, the monetary parts of a rectification deed, including charges and stamp duty, can differ in light of the state and specific conditions. The typical expenses include:

• Lawyer Fees: Normally range from ₹5,000 to ₹20,000 or more, contingent upon the intricacy of the correction and the attorney's experience.
• Notary Fees: The deed could need to be legally approved. Notary fees are normally a fixed rate yet can differ by area. It normally goes from ₹500 to ₹1,000.
• Registration Fees: Assuming the rectification deed should be enrolled with the local sub-registrar office, there will be registration charges. These can change by state however are frequently around ₹500 to ₹2,000. A few states might charge a percentage of the property estimation, typically between 0.1% to 0.5%.

Stamp Duty on Rectification Deed

Stamp duty is a tax paid on legal documents, including correction deeds. The stamp duty on a correction deed is typically nominal contrasted with the stamp duty on the original deed. Nonetheless, this can change by jurisdiction. Generally nominal, often a fixed fee ranging from ₹100 to ₹1,000. However, if the rectification involves significant changes in financial terms, the stamp duty can be higher and might be a percentage of the property value or transaction amount.

Other Potential Charges

Administrative Fees: A few states might have extra regulatory or handling charges, which can go from ₹200 to ₹1,000.

Miscellaneous Costs: This can incorporate charges for certified copies, courier services, or additional legal consultations, generally adding up to ₹500 to ₹2,000.

Timeframe and Limitations

Timeframe

1. Timely Execution: It is for the most part fitting to execute a correction deed when the mistake is found. While there is no severe legal time span, unnecessary postponement might bring up questions and complications.
2. Limitation Period: As per the Limitation Act, of 1963, the limitation period for seeking correction of a deed is three years from the date of revelation of the mistake. Past this period, it could be challenging to authorize the correction, and a legal plan of action may be required.

Limitations

1. Nature of Errors: A rectification deed must be utilized to address minor administrative or typographical mistakes that don't modify the considerable rights and commitments of the parties in question.
2. Mutual Agreement: All parties engaged with the original deed should consent to the amendment and should sign the correction deed.
   Registration Requirement: The rectification deed should be enrolled with the suitable sub-registrar’s office, very much like the original deed, to be legitimately valid. This additionally includes paying the necessary stamp duty and enlistment charges.
3. No Significant Changes: In the event that the correction prompts significant changes in the original terms of the deed, it may not be treated as a simple amendment yet rather as an adjustment or another deed. Such changes might require a new agreement and enrollment.
4. Judicial Intervention: In situations where there is a question or if one party doesn't agree to the correction, the oppressed party might have to move toward court for amendment under Section 26 of the Specific Relief Act, 1963.

Alternatives to a Rectification Deed

1. Supplementary Agreement: A supplementary agreement serves as an alternative to rectification deeds when minor amendments or clarifications are needed in property documents. This document is used to add additional terms or correct existing terms without altering the original deed. It requires mutual consent and signatures from all parties involved. In spite of the fact that it doesn't replace the original deed, it guarantees that alterations are legally perceived.
2. Addendum: Like a supplementary agreement, an addendum determines the progressions or additions while safeguarding the original deed. It should be signed by all parties and connected to the original deed for reference. While enlistment isn't generally compulsory, it improves the document's credibility and enforceability.
3. Correction Affidavit: When errors in property documents are found, a rectification testimony can be drafted to pronounce the mistake and express the correct data. This affidavit is commonly notarized to attest to its authenticity. While it doesn't change the original report itself, it gives a legal record of the correction.
4. Court Order: In situations where mutual agreement for correction is impossible or there is a debate, people might seek judicial intervention under Section 26 of the Specific Relief Act, 1963. This involves filing a suit in court to request an order for the correction of the erroneous document. The court may issue directions based on the merits of the case, ensuring that the correction is legally enforced and binding on all parties involved.
5. Re-Execution of the Deed: In situations where errors in property documents are substantial or multiple, parties may opt for re-execution of the deed in India. This process involves drafting a new deed that incorporates the correct details while voiding the original erroneous document. Both parties must agree to the changes and sign the new deed, which should be registered to replace the old one legally.
6. Cancellation Deed: For cases where the original document is fundamentally flawed or needs complete retraction, individuals in India can execute a cancellation deed. This document formally cancels the original deed, citing reasons for cancellation and ensuring mutual consent from all parties involved.
7. Public Notice: When minor errors are corrected in property documents, issuing a public notice can serve as a supplementary measure to inform the public and prevent future disputes. This notice is published in local newspapers, detailing the error and the corrected information. While not a replacement for formal legal amendments, a public notice enhances transparency and clarifies the corrected details to interested parties.

About The Author:

Adv. Pankti M. Doshi is a distinguished non-litigation and litigation advocate with a reputation for providing expert legal counsel across various sectors. With a career spanning for over 5 years, Pankti has specialized in crafting meticulous legal documents, contracts, and agreements with its registration, will drafting with registration, testamentary cases, family dispute matters, civil matters, Redevelopment work etc that protect clients' interests and ensure compliance with all applicable laws.