While executing property documents, there are chances that some mistakes may creep in. This can happen in the process of execution of the documents. It is always advisable to get these mistakes rectified at the earliest, otherwise they may create major problems at a later stage. The errors may relate to the name of the parties, their address, area of the property, dimension, location, survey number of the property, or the consideration amount. There can be typing errors or errors because of improper comparison with the property documents like the transfer deed, sale deed, title deeds and revenue records.
Such errors can be rectified by the execution of a supplementary document called Rectification Deed. This is also referred to as a Correction Deed. It is to be noted here that there must have been a bona fide mistake where the original deed does not reflect the true intention of parties to the deed in question. The mistake should pertain to ‘facts only’ as mistakes of law cannot be corrected by means of a Rectification Deed.
The parties to the agreement must concur on modifying the original agreement by addition, deletion, or rectification of any terms referred to in the already executed deed. The parties need to get the corrections into a duly executed document. Further, they need to pay the requisite stamp duty in order to get it registered with the specified authority.
A correction 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 as well. In case the original deed has been registered, one should get the rectification deed also registered, and pay the requisite stamp duty and registration charges as per the laws in force in the state concerned. For mistakes like spelling mistakes, the stamp duty and registration charges are Rs 100 each. In case the rectification deed relates to the area, names of the parties or the extent of the property, the stamp duty and registration charges as applicable to the conveyance deed are payable.
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