Rectification deed
RAVINDRA PRASAD
(Querist) 27 March 2013
This query is : Resolved
SIR/MADAM- I HAVE REGISTERED A SITE IN FEBRUARY 2013. THE FIRST OWNER OF THE SITE MR.A AND SECOND OWNER MR.B AND I AM THE THIRD OWNER MR.C.
THE SITE NO. AND OTHE DOCUMENTS IN FIRST OWNER IS 100.THE SITE NO. IN DOCUMENTS OF B IS 19 .THE SAME IS NO IS BEEN REPEATED IN THE DOCUMETNS OF C.
IS THE RECTIFICATION DEED POSSIBLE.ALL OTHER DETAILS ARE MATCHING IN THE SCHEDUEL AND MATERIAL.EXCEPT FOR THE SITE NO. IN DOCUMENTS OF B & C.
KINDLY LET ME KNOW WHAT EXACTLY HAS TO BE DONE NOW.
SHOULD ALL THE THREE OF US HAVE TO GO TO THE SUB REGISTAR FOR RECTIFICATION.
WHAT ARE THE FEES TO BE PAID./IS STAMP DUTY /REGISTRATION FEES / ARE TO BE PAID
KINDLY GUIDE ME
Adv k . mahesh
(Expert) 27 March 2013
rectification deed can be done and for fees consult at your local sub registrar office because every state has its own prescribed fees
Advocate M.Bhadra
(Expert) 27 March 2013
The Information Taken From indianrealestateforum.com:-----
While executing property documents, there are chances that some mistakes may occur. 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. These errors can be rectified by the execution of a supplementary document called correction deed or rectification 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 correction 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( it may vary from State to State).
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.
In case some of the parties to the agreement do not agree to such an amendment or rectification, the other party may file a suit before a court under Section 26 of the Specific Relief Act 1963.
