![]() Failure to rectify errors, could jeopardise your position as the owner. That said, as these documents stand as the legal proof of your ownership over an asset, no delay should be made to get errors rectified. In fact, the Bombay High Court in March 2023 allowed corrected in a sale deed after 38 years of its execution, stating that Section 5 of the Limitations Act is elastic enough to apply in the law in a meaningful manner to meet the ends of justice. As and when any party involved in the transaction realises that incorrect information or typing errors are present in the property document, they should bring it to the notice of the other party involved in the transaction and get the mistake corrected, through the creation of a rectification deed. The law does not say anything about the timeline within which an error or a mistake in any document should be corrected. Is there any time limit in rectification deed execution? If major changes need to be made in the document, the office may demand higher stamp duty, recognising the transaction as a new one. However, this is true only in case of minor typing or spelling-related changes in the original documents. ![]() Jurisdictional errors with regard to the sub-registrar’s office.Ī nominal charge of Rs 100 has to be paid, to get a rectification deed registered at the sub-registrar’s office.The basic character of the transaction.Not under the scope of rectification deedĪ rectification deed cannot rectify the below mentioned issues in a sale deed: All the people party to the original deed agree to get a rectification deed executed.The error made in the original deed is unintentional.The error made in the original deed is genuine.One can start the process to get a rectification deed only when they meet the conditions stated below: Mistakes that can be corrected through rectification deedĬonditions for executing a rectification deed All parties involved in the contract should agree upon the proposed changes and appear in the sub-registrar’s office for the deed’s registration. More importantly, the sub-registrar would only accept your application for the registration of the rectification deed, if he is convinced that the mistake in the original document was inadvertent. Also, one must ensure that neither party’s interest undergoes any change, in the rectification deed. Your application to register a rectification deed would be rejected, if there are legal mistakes and/or if you are seeking to change the basic nature of the original deed. A supplementary deed can also be created, to make additions or subtractions in the original deed.ĭo note here that only factual errors in property documents can be corrected through the amendment deed. See also: All about property registration laws in India When is a rectification deed used?īy creating a rectification deed, an individual can rectify several mistakes, involving spelling errors, typing errors, mistakes in property description, etc. The deed must be registered, to become legally valid. A rectification deed is also referred to as a deed of confirmation, correction deed, confirmation deed, supplementary deed, amendment deed, etc.Ī rectification deed is recognised under Section 17 of the Indian Registration Act, 1908 and is a perfectly legal way to correct errors in legal documents. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |