Mistake in deed can be rectified

Execution of property documents is a complex process. Often, an error occurs in the process of execution of documents. It is always advisable to get these mistakes rectified at the earliest.

The mistakes may be of various types. For example, the area of the property, its dimensions, location or the survey number may be wrong. These may be typographical errors or because of improper comparison with the property documents like the transfer deed, sale deed, title deed, revenue records etc.

These errors can be rectified through the execution of a supplementary document called rectification deed. Rectification deed is a document executed between parties to correct a mistake in the principal deed.

There must have been a bonafide mistake where the original deed does not reflect the true intention of parties to the deed. The mistake should pertain to facts only. It should not be a mistake of law.

The parties to the agreement must concur to modify the original agreement by addition, deletion or rectification of any terms referred to in the already executed deed. The parties need to reduce the correction 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 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 as well.

In case the original deed is 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. For general mistakes like spelling mistakes, the stamp duty and registration charges are Rs 100 each. In case the rectification deed relates to the area, the names of the parties or the extent of the property, the stamp duty and registration charges as applicable to the conveyance deed are payable.

In case some of the parties to the agreement do not agree to such an amendment or rectification of the executed documents, the other party may file a suit before a court under Section 26 of Specific Relief Act 1963. The law provides for relief to parties in case the real intention of the party is not properly reflected in the documents executed because of a bona fide mistake of fact.

The aggrieved party may institute a suit to have the deed rectified. The court can direct the rectification of an instrument, if it is satisfied that the deed does not express the real intention of the parties. This relief is entirely discretionary. The relief won’t prejudice the rights acquired by a third party in good faith for value.

It is to be noted that the mistake should pertain to facts only and should not be a mistake of law. Mistakes of law cannot be rectified through a rectification deed and a separate procedure needs to be followed.

Courtsey: Ashish Gupta | ET Bureau | May 23, 2010

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