Who can execute rectification deed?

One can start the process to get a rectification deed only when they meet the conditions stated below: The error made in the original deed is genuine. The error made in the original deed is unintentional. All the people party to the original deed agree to get a rectification deed executed.

What is the process of rectification deed?

Often, an error occurs in the process of execution of documents. Rectification deed is a document executed between parties to correct a mistake in the principal deed. There must have been a bonafide mistake where the original deed does not reflect the true intention of parties to the deed.

When can a deed of rectification be used?

If the parties agree to rectification, they may correct the mistake by entering into a deed of rectification. It is necessary to apply to court for an order for rectification if either there is a dispute or the parties wish to ensure that rectification has retrospective effect.

What is the legal recourse if one party doesn’t agree with the changes in the rectification deed?

In cases where parties to the agreement do not agree to such an amendment or rectification of the executed documents, the other party may file a suit before a court under Section 26 of Specific Relief Act 1963. The aggrieved party may institute a suit with the help of a lawyer to have the deed rectified.

Does a deed of rectification need to be stamped?

Stamp Duty is not chargeable on Deeds of Rectification that only correct mistakes made in the original instrument. For example, Stamp Duty is chargeable if the Deed of Rectification increases the consideration payable under the original instrument. In this case Stamp Duty is chargeable on the increase.

What is rectification contract law?

“Rectification is an equitable remedy by which the court may amend the terms of a legal document which, because of a mistake, fails accurately to reflect the intention of the parties to it” [1]

Is a deed of rectification retrospective?

A deed of rectification cannot have retrospective effect. For this it is necessary to apply to the court. If the parties voluntarily rectify the deed, the court will not order rectification.

How do I correct a registered document?

In case the original deed is 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. For general mistakes like spelling mistakes, the stamp duty and registration charges are Rs 100 each.

Can gift deed be rectified?

You may execute a rectification deed in the same registry office where the gift deed was registered. For general mistakes like spelling mistakes, the stamp duty and registration charges are Rs 100 each.

Who can witness a deed of transfer?

The spouse, civil partner or co-habitee of a transferor or transferee can act as a witness (if they are not a party to the deed), but this is best avoided. There are different requirements if the transfer is being signed by an attorney or company, or at the direction of the transferor.

What is a deed of rectification?

A deed of rectification as the name connotes is a document executed by parties for the purpose of correcting an error in a previous deed. This only applies to error in a registered deed of assignment.

What happens if there is a mistake in a sale deed?

Under these circumstances, even a minor mistake in the legal documents, could severely compromise its legal validity. As soon as you spot such errors in the sale deed or other property-related documents, you should get a rectification deed (or deed of rectification) drafted and registered, to nullify the error.

Can a court direct the rectification of an instrument?

The court can direct the rectification of an instrument, if it is satisfied that the deed does not express the real intention of the parties. This relief is entirely discretionary. 3) There is no specific period of limitation fixed for filing the suit for rectification.

What is the difference between rectification and ratification of title?

Rectification means to correct a grave erro r on a document while Ratification means giving formal consent to a contract or agreement thereby making it validly official. To understand how Rectification of Title to Land differs from Ratification of Title to land, we have to understand what a Land title means so we can comprehend it quite easily.