Dear Sir,
DEED OF RECTIFICATION
This DEED OF RECETIFICTION is executed at this the day 2004 between
s/o residing at
hereinafter referred to the RECTIFIER/VENDOR which term includes ts successors and assigns of the ONE PART;
AND
s/o residing at
hereinafter referred to as PURCHASER which term includes his heirs, executors, administrators, representatives and assigns of the OTHER PART
WHEREAS the property more fully described in the Schedule hereunder was sold by the Rectifier/Vendor in favour of the Purchaser herein in and by sale deed dated and registered as Document No. of of Book1 volume filed at pages to on the file of the Sub Registrar of hereinafter referred as the Principal Deed.
WHEREAS in the Principal Deed dated in line of page No. and in line
of page the Survey number of the property was wrongly typed as instead of .
WHEREAS this typographical error has come to the knowledge of the above said Purchaser and requested the Rectifier/Vendor to rectify the same.
NOW THIS DEED OF RECTIFICATION WITNESSETH AS FOLLOWS:
That in the Principal Deed dated in line of page No. and in line of page No. the Survey number of the property conveyed is wrongly typed as is rectified as
by this Deed of Rectification.
That as rectified as aforesaid, the Principal sale Deed shall remain in full force and effect.
That no consideration has been received by the RECTIFIER/VENDOR for executing this Deed of Rectification.
SCHEDULE OF PROPERTY
(As in the Principal Deed)
SCHEDULE OF PROPERTY
(Rectified by this deed of Rectification)
Present Market Value of the Property is Rs.
In Witness where of the RECTIFIER/VENDOR and the PURCHASER have set their hands on the day and month year first above written in the presence of
WITNESS RECTIFIER/VENDOR
PURCHASER
Rectification deed
Such mistakes, errors in the deeds require to be corrected by execution of a supplementary document called “rectification deed”. Rectification deed is a document executed between parties for effecting corrections of the mistakes of facts / typographical errors which are committed in the original/principal deed. Rectification of deeds is supported by the various canons of law and is an equitable relief usually granted by Courts of Equity and is based on doctrine of mistake of fact. Once a rectification deed is executed, it shall have to be read as part of the original sale deed and copies of the extracts of the revenue records indicating the fact of execution of rectification deed are to be obtained and preserved along with the sale deed and the rectification deed.
Pre-requisites
In order to execute a deed of rectification, there must be bona fide mistake whereby the original deed does not reflect the true intention of parties to the said deed. More importantly the mistake should pertain to the facts and not for application or interpretation of law. However, there is an exception to this rule. The mistake of foreign law is considered as mistake of fact. Section 21 of Indian Contract Act is relevant in regard to this.
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