Rectification Deed for Documents Registered in Delhi
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, consideration amount, date of execution, chain / flow of title, unfilled blanks etc. There can be typing errors or errors because of improper comprehension of the facts mentioned in the property documents like the sale deed, gift deed, lease agreement, relinquishment deed, will, agreement to sell, power of attorney etc .
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.
Both the parties to the agreement / deed 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 sub registrar .
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, one of the parties is not willing to sign and get the rectification deed registered in the sub registrar office, the other party will have to file a suit in the Court (under SRA). The court may then in its discretion direct the mistake to be rectified/ amended.
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. For mistakes like spelling mistakes, the stamp duty and registration charges are nominal. But in case the rectification deed relates to the area, names of the parties or the address of the property, the stamp duty and registration charges may be quite high.
Our company provide services for the Drafting and Registration of Rectification Deed in Delhi .
You may contact us at +91-8800418408 to avail our services in Delhi.
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