Dear Sir,
Rectification of a property can be done.
Execution of property documents is a complex process. Sometimes, a
mistake can happen in the process of execution of a document. It is always
advisable to get the mistake rectified at the earliest. It may create a major
problem at a later stage.
There are different kinds of mistakes possible.
For example, there could be an error in facts such as area of the property,
its dimensions, the location of the property, survey numbers, names of the
owners or the transferors, or the consideration amount. These may be typo
errors or because of improper comparison with the property documents
such as the transfer deed, sale deed, title deed, revenue records etc. These
errors can be rectified by execution of a supplementary document called
Rectification deed. A rectification deed is a document executed between
parties to correct mistakes.
There must have been a bonafide mistake whereby the original deed does
not reflect the true intention of parties towards the deed. The mistake
should pertain to facts only. The parties to the agreement must agree to
modify the original agreement by addition, deletion, or rectification of any
terms referred to in the already executed deed. The parties need to bring
the correction into a duly executed document. Further, they need to pay the
requisite stamp duty in order to get it registered with the specified
authority.
A rectification deed should be executed after mutual consent of all the
parties to the main deed. In case the original deed is
registered, the rectification deed should also be registered. The requisite
stamp duty and registration charges should be paid as per the laws in force
in the State.