Rectification Deed : A rectification deed is used when you want to rectify a mistake in the principal deed such as typographical errors or facts such as the total area of the property, incorrect location and address of the property, incorrect survey location, etc.
All concerned parties should consent to the changes being made to the principal deed and the rectification deed should be registered.
It is a supplementary document executed between the buyer and seller to rectify the mistakes made in the original/principal deed with respect to factual and typographical errors. This is also known as the confirmation deed or correction deed.
A Rectification deed should be executed after mutual consent of all the parties to the main deed. All parties to the original deed should jointly execute the rectification deed.
In case the original deed has been registered, one should also get the rectification deed registered, and pay the requisite stamp duty and registration charges.
Both the parties to the agreement / deed must concur on modifying the original agreement by addition, deletion, or rectification of any terms referred in the already executed deed.
The parties need to get the corrections recorded in a duly registered document. Further, they need to pay the requisite stamp duty in order to get it registered with the sub registrar .
Format of Rectification Deed : it should be drafted in approved format and should include the following details:
- Name and address of the rectifier/vendor and purchaser
- Details of the principal deed
- Details of the rectification to be made
While registering a rectification deed, you should be careful that: it does not result in any fraud or violation of regulations.
- The scope of the principal deed is not altered.
- Both parties are not deprived of their rights.
- The terms are explained in simple language and in a clear and concise way. This may help prevent any future dispute.
Limitations of Rectification Deed : It cannot be used to correct any errors made on points of law such as:
- Inadequate stamp duty
- Incorrect jurisdiction
- Nature of transaction, such as a sale deed cannot be registered as a gift deed
- Change of scope from the original deed
- If there are mistakes related to law in the original deed, a separate procedure should be followed and they cannot be fixed through the rectification deed.