What is Rectification deed?
Rectification or Confirmation deeds are also known as amendment deeds. They are entered between two parties to correct any mistakes made in a previous deed. These errors may include typing mistake, spelling mistake, mistakes in property description, or any other mistake in execution of the documents. These errors can be later corrected through a deed of confirmation.
a) The error must be honest.
b) It must be involuntary, not intentional.
c) All the parties to the deed must agree to the rectification.
Which law governs the Rectification deed?
The Indian Registration Act identifies confirmation deeds. According to Section 17 of the Act, any deed confirming any interest in immovable property is required to be registered. The confirmation may be given either by acceptance, by limitation, or by deeds. A confirmation deed attracts stamp duty. In case the main document is registered or to be registered later, the correspondent confirmation deed also requires registration.
Section 17 in The Registration Act, 1908
17. Documents of which registration is compulsory: — (l) The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877, or this Act came or comes into force, namely: —
a) instruments of gift of immovable property;
b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;
c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and
d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent;
e) non-testamentary instruments transferring or assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property: Provided that the 25[State Government] may, by order published in the 26 [Official Gazette], exempt from the operation of this sub-section any lease executed in any district, or part of a district, the terms granted by which do not exceed five years and the annual rents reserved by which do not exceed fifty rupees.
(1A) The documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53A of the Transfer of Property Act, 1882 (4 of 1882) shall be registered if they have been executed on or after the commencement of the Registration and Other Related laws (Amendment) Act, 2001 and if such documents are not registered on or after such commencement, then, they shall have no effect for the purposes of the said section 53A.
(2) Nothing in clauses (b) and (c) of sub-section (l) applies to—
i. any composition deed; or
ii. any instrument relating to shares in a joint stock Company, notwithstanding that the assets of such Company consist in whole or in part of immovable property; or
iii. any debenture issued by any such Company and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immovable property except in so far as it entitles the holder to the security afforded by a registered instrument whereby the Company has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or
iv. any endorsement upon or transfer of any debenture issued by any such Company; or
v. [any document other than the documents specified in sub-section (1A)] not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest of the value of one hundred rupees and upwards to or in immovable property, but merely creating a right to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest; or
What is the content of a Rectification deed?
Rectification deeds contain names and addresses of the parties involved, facts of the original deed and explanation of the rectification to be made. It must be clear and concise in language to avoid future difficulties. It must not alter the scope of the original document or violate any regulations. Also, care must be taken to safeguard that the rectification doesn’t deprive either party of their rights.
What is the procedure involved in Rectification deed?
- Once the details are decided upon by the parties the same should be transferred to a duly implemented document.
- Registration charges and stamp duty are to be paid by the parties as per the laws of the state.
- The deed then needs to be registered in the sub-registrar’s office where the original deed had been registered.
- In the off chance that there is anmistake in the rectification deed, a supplementary rectification deed can be implemented by paying obligatory stamp duty and registration charges.
What is the recourse available if one party does not agree to the corrections?
In case where parties to the contract do not agree to such an adjustment or rectification of the implemented documents, the other party may file a suit before a court under Section 26 of Specific Relief Act 1963.The aggrieved party may file a suit to have the deed rectified. The court can direct the alteration of an instrument if it is satisfied that the deed does not express the real purpose of the parties.
Is there any time limit in rectification deed?
There is no limitation for implementing a rectification or amendment deed. At any point of time if anerror is found out, rectification deed can be implemented.