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.
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.
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 mistake. The relief would not prejudice the rights acquired by a third party in good faith for value. The parties claiming rectification should seek sanction of the court to such rectification in their pleading. If the court thinks it fit, the rectification will be specially enforced. Its important to remember that mistakes of law cannot be rectified through rectification deeds and a separate procedure needs to be followed.