When a document has been registered in the office of the Sub-Registrar and a mistake has been found in the same after it has been registered, it can be corrected only through a Rectification Deed duly registered in the office of Sub-Registrar.
- Error must be genuine
- It must be inadvertent not intentional
- All the parties must agree to the rectification thereof.
A rectification deed can only rectify a factual errors and NOT error of law, such as
- Deficient stamp duty
- Jurisdictional error of Sub-Registry office
- Basic character of transaction e.g. Sale transaction cannot be corrected as Gift
- It is meant to rectify defects in the original deed NOT to change the nature of the transaction OR Intention of the parties involved.
Procedure for Rectification by Rectification Deed :-
- Rectification deed must be signed by all parties
- It is to be executed on stamp Paper as per rates of registration in respective states
- The Sub-Registrar’s office where the original deed was registered, a rectification deed is required to be submitted within the same office.
- For minor mistakes the stamp duty and registration charges are Rs.100/- each
- For rectification of major errors viz. names of the parties, measurement of the property, location and any other description of the property, the stamp duty and registration charges apply as per rate of registration of the original Sale deed
- It must give reference of the errors in the original deed which is being rectified now.