While executing property deeds/documents such as sale deed etc., there are chances that some mistakes may creep in. This can happen in the process of drafting / preparation 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, consideration amount, date of execution, chain / flow of title, unfilled blanks etc. There can be typing errors or errors because of improper comprehension of the facts mentioned in the property documents like the sale deed, gift deed, lease agreement, relinquishment deed, will, agreement to sell, power of attorney etc .Such errors can be rectified by the execution of a supplementary document called Rectification Deed. This is also referred to as a Correction Deed. It is to be noted here that there must have been a bonafide 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 Rectification Deed.
Both the parties to the agreement / deed must concur on modifying the original agreement by addition, deletion, or rectification of any terms referred in the already executed deed. The parties need to get the corrections recorded in a duly registered document. Further, they need to pay the requisite stamp duty in order to get it registered with the sub registrar .
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. In case the original deed has been registered, one should also get the rectification deed registered, and pay the requisite stamp duty and registration charges. For mistakes like spelling mistakes, the stamp duty and registration charges are nominal. But in case the rectification deed relates to the area, names of the parties or the address of the property, the stamp duty and registration charges may be very high.