There are various types of deeds and a mountain of paperwork that one needs to get done when buying a property. Some people hire a single lawyer to take care of all their property related documentation. Most people however go through agents and brokers that undertake the responsibility of creating and finalising each of the documents from title documents including the sale deed and the conveyance deed.
When you buy a property with Clicbrics, we ensure all your documentation is safe and allot a single relationship manager to your case so that your case history along with your documents do not cross multiple hands. This helps us avoid the most common property transaction related errors.
However, we know a lot of you might already own a property that was not bought via Clicbrics. Now there is a good chance that your documentation for said property contains minor errors that got overlooked while preparing the document or getting them stamped.
What is the solution that is available to you in such a case? In this case, you will be required to formulate a Rectification Deed. Before you run to your agent to get a Rectification Deed formulated, let’s figure out what it is and how you need to get it made.
What Is A Rectification Deed?
The Cambridge dictionary defines rectification as “rek.tɪ.fɪˈkeɪ.ʃən : The act of correcting or making something right”. That is exactly what a rectification deed does for you as well. When any of your property documents like the sale deed, title deed, or conveyance deed have any small errors within them, they can be rectified by following up with a rectification deed.
It is a legal instrument, i.e. recognized by the Indian Judiciary, and thus needs to be drafted and registered. The rectification deed is made legally valid only post-registration. It is recognized in the Registration Act 1908 under section 17.
Why Is A Rectification Deed Important?
While drafting property documents, the drafting authority might make minor unintentional errors due to the sheer volume of the paperwork that requires drafting. These could be errors regarding the description of the property itself, minor errors in the details of the buyer and the seller, typing errors or typos, and spelling or grammatical errors.
Another type of deed called the amendment deed is used when the errors in your property documents are more significant than the ones mentioned above. For example, the size of the property is actually 490 sq. ft. and the sale deed lists it as 940 sq. ft. such an error will be corrected by an amendment deed and not a rectification deed.
On the other hand, if the error is simply listing the property as an ‘aprtment’ instead of an ‘apartment’, it can be rectified using a rectification deed.
In case you use the rectification deed and the amendment deed interchangeably, the sub-registrar will reject your application to register the deed.
Limitations Of Rectification Deed
The following error can not be rectified using a rectification deed. You may have an amendment deed drafted for the following errors:
1. Legal aspects of the documents like the parties involved, the nature of the transaction, the details of the transaction cannot be changed with a rectification deed.
2. Stamp duty errors cannot be rectified by a rectification deed.
3. Property Location errors cannot be rectified via a rectification deed since it changes the civic body responsible for upholding the deed.
4. Any elements of the property related deeds that are under the jurisdiction of the Sub-Registrar’s office are also not rectifiable with a rectification deed.
How To Create A Rectification Deed?
When any stakeholders involved in the property transaction finds an error in the related documents, they can initiate the process of rectification. Following steps need to be taken to get the rectification deed drafted and registered.
Procedure for Rectification Deed: Offline
Step 1: Ensure that the mistakes you want corrected fit in with the jurisdiction of the rectification deed.
Step 2: Make an appointment at the Sub-registrar’s office that the deed that needs to be rectified is registered with.
Step 3: When you meet with the official that will help take the matter of the rectification further, ensure you have all your documents ready. These are documents that support your need for correction.
Step 4: In case the rectification that needs to be done is major, all stakeholders need to bring along one witness each to sign the rectification deed.
Procedure for Rectification Deed: Online
To have a rectification deed created online, you can simply log onto the Land Revenue Department portal of the state your property is located in.
Rectification Deed Charges And Validity
The rectification deed is a simple document that contains the details of the parties that the property transaction has been registered between. It also contains the details of the deed that needs to be rectified along with the error that the rectification deed is regarding.
An undertaking also needs to be produced. The undertaking must state that the original purpose and nature of the deed has not been changed using the rectification deed.
Depending on the nature of the error that needs to be rectified using the deed, the charges for a rectification deed start at Rs. 100. This is generally the charge for a small spelling or typing error in the original deed. The rectification deed for major errors might be recognized as an altogether new deed and the charges would increase substantially as it would need new stamp duty.
Although there is no time line that one needs to follow to get a rectification made in their property documents, we suggest moving quickly. Property documents go through a long drawn legal process and thus making sure there aren’t any errors is imperative.
However, if you still end up making an error, you should start the process of creating a rectification deed as soon as possible.
All you need to do now is remember that all parties need to be in agreement to have a rectification deed registered. In case you do agree to the suggested rectification, you can take legal action against the rectifier.