When we own an asset or a property in real estate, we have to take care of a lot of paperwork. Since it demands the preparation of a number of documents, there are chances of getting minor mistakes in them. The mistake may be a change in the spelling of the name or a change in date of birth or any other change. Though minor, the errors cannot be overlooked. They need to get corrected immediately as they might challenge the legality of the documents and even the ownership in future. One can get such errors fixed through a Rectification Deed. This Deed allows the buyers and sellers to fix such errors in property documents, no sooner they notice them.
1. What is a Rectification Deed
A Rectification Deed is a legal way to correct any errors or mistakes in documents like Sale Deeds and Title Deeds. It is also known as a Correction Deed, Confirmation Deed, Supplementary Deed or Amendment Deed. The moment you spot an error in any property related document, it is your duty to get a Rectification Deed drafted and then registered, to make it legal. It is a legitimate way to correct errors in legal documents.
Rectification Deed can be created to nullify only factual errors in the property documents. It can in no way be used to nullify legal mistakes. It should not be used to change the basic nature of the original Deed. A Rectification Deed is only created when the mistake in the original document is unintentional and all the involved parties agree to this change. This is a legal remedy that gives you the freedom to nullify any errors or mistakes in any legal document related to property transactions. A Rectification Deed can fix the mistakes in official documents. One should always check all the details in the documentation in presence of involved parties to avoid the future hassles.
2. Need of Rectification Deed
All documents related to real estate transactions, whether it is buying or selling, contain crucial details. If an error is noticed in any of the documents, be it a small or a big one, it should get corrected the moment it is noticed. It is this moment that needs a Rectification Deed which can correct spellings errors, typing errors and mistakes in property description. Not only these corrections, a Rectification Deed can also be created to make additions in the original Deed or delete needless information but these additions or deletions should not change the legal framework of the document in a manner that either party’s interest undergoes any change.
3. Charges and Time Limit
Usually the charge to rectify a minor change in the property document through a Rectification Deed is Rs. 100 but more will be charged depending on the errors, and area. However there is no particular limit to get a mistake in a property document corrected. It should get nullified the moment it is spotted. At some point or the other, one has to go for the Rectification, the longer you take to nullify the mistake the harder it may get to correct it.
4. Process of Creating a Rectification Deed
Creation of a Rectification Deed involves all the parties related to that particular document. All have to reach a verbal agreement with the error in the document. Then they should appear in the office of the Sub-Registrar to create the Rectification Deed. Along with an application and all the supporting documents, the Rectification Deed has to be registered to make it legal. If the error in the document happens to be a major one, then witnesses in the contract would also have to accompany others to the Sub-Registrar’s office.
Some important information will be required to get a Rectification Deed. The personal information of both parties must be mentioned along with all the details about the original Deed. A written undertaking has to be taken by both the parties stating that there are no changes made in the original nature of the Deed.
5. Content of the Deed
A Rectification Deed should include information about the parties involved in the transaction in addition to the details of the original title. The errors that need Rectification have to be specified and both the parties have to be present with an undertaking stating that no changes have been made to the original format and character of the sale Deed.
6. Limitations of the Deed
A Rectification Deed can correct the Spelling mistakes, Typing mistakes, Repetitions, Numeric mistakes and Complex sentence structuring but it has its own limitations. You cannot use a Rectification Deed to correct errors that fall within the Sub-Registrar’s jurisdiction. It cannot help to change legal aspects of the documents, such as the nature of the transaction or both parties’ initial intentions, Property location changes, thereby changing jurisdiction and Stamp duty errors.
7. To Conclude
A Rectification Deed is that document which rectifies the mistakes present in the original document. If any party finds an error in the sale Deed or any other document related to property transaction, then they have to appear in person to that Sub Registrar’s Office where the sale Deed was earlier registered. If the Sub-Registrar agrees to the mistake in the original document as unintentional, then your application for the registration of the Rectification Deed will be accepted. All those who are related to this transaction should be available at the time of registration of Rectification Deed. The progression of Rectification can begin only when the error spotted in the original Deed is genuine and unintentional and all the people related to the original Deed agree to get a Rectification Deed executed. The Rectification Deed has to be registered in order to make it legal.
This Deed helps to fix factual errors made in the transfer Deed, sale Deed, title Deed and other property-related documents such as mortgage or conveyance and failure to rectify errors on the original Deed can threaten the owner’s position. The errors need to be fixed as soon as they are spotted. If the error is a major one, then both parties have to take two witnesses each along with them to the Sub-Registrar’s Office to get the Rectification Deed registered. This will only be acceptable when there is a real mistake in the past Deed presenting factual details and these do not reflect the evil intentions of parties and the mistake is coincidental. All parties related to this deal need to agree that the changes should be made in the principal Deed for Rectification. Above all, the Sub-Registrar should agree to the pointed errors.
Written by
Kishore Reddy