A rectification deed is a legal instrument executed by the parties to a previously registered document for the purpose of correcting errors, omissions, or inaccuracies contained therein. Sometimes, mistakes happen when you draft property documents like a sale deed.
If you find an error after registering a document at the Sub-Registrar’s office, you must fix it quickly. Otherwise, that small error could cause major legal problems later. To correct the mistake, you must create and register a Rectification Deed (also known as a Correction Deed).
Common Mistakes You Can Fix
Errors usually happen because of simple typos or a misunderstanding of facts. You can use a rectification deed to fix mistakes in sale deeds, gift deeds, lease agreements, relinquishment deeds, wills, and power of attorney documents.
Common errors include wrong or missing:
- Names and addresses of the buyers or sellers
- Property size, dimensions, or location
- Survey numbers
- Sale price (consideration amount)
- Date of execution
- Chain of property title
- Blank spaces left unfilled
Rules for Using a Rectification Deed
You cannot use this document to make just any change. To be legally valid, your situation must meet three strict rules:
- It must be a genuine mistake: The error must be an honest, accidental mistake. The original document simply fails to show what both parties truly intended.
- It must fix facts, not laws: You can only correct factual errors (like a misspelled name). You cannot use this deed to change the legal nature of the contract.
- Everyone must agree: All parties involved in the original document must agree to add, delete, or change the terms.
How to Register the Document
If you registered the original deed, you must also register the rectification deed at the Sub-Registrar’s office. All parties from the first agreement must come together to sign the new document.
How Much Does It Cost?
When you register the new deed, you must pay stamp duty and registration fees. The cost depends entirely on the type of mistake you need to fix:
- Minor Errors: If you are just fixing a spelling mistake, the stamp duty and registration fees are usually very low.
- Major Errors: If you need to change the property area, the names of the parties, or the property address, the government may charge much higher fees.
Frequently Asked Questions (FAQs)
Q1: What happens if I don’t fix an error in my property deed?
Ignoring a mistake can cause serious legal and financial problems later. It can break the chain of title, making it very difficult to sell, gift, or transfer the property in the future.
Q2: Do all original parties need to be present to sign the new deed?
Yes. A rectification deed requires the mutual consent and signatures of everyone who signed the original document.
Q3: Can I use a Correction Deed to change a legal law applied to my contract?
No. You can only use this deed to correct matters of fact, such as a wrong address or a typo. You cannot use it to fix mistakes of law.
Q4: How much does a Rectification Deed cost?
The cost varies. Fixing a simple typo usually only requires a nominal fee. However, changing core details like the property size or the owner’s name can cost significantly more in stamp duty.
Get Started Now!
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