1) deed of rectification can be executed to rectify mistake in settlement deed
2) if there is no mistake deed of rectification cannot be executed
3) additional stamp duty has to be paid on deed of rectification
Corrections in Settlement Deed
My father who passed away intestate in 2016 owned a plot with a residential building. This was purchased by him and registered as a plot of land in 1991. The residential building was only built a few years later and hence the original sale deed was for a vacant plot and has no mention of a residential building. Upon his death, his legal heirs have registered a settlement deed in my favor transferring the title of the property to me in Sep 2021. Since the building was more than 25 years old, completely dilapidated, of no commercial value and unusable for the past 5-6 years we did not feel the need to mention it in the settlement deed. The settlement deed was registered in the concerned SRO and the property was referred to as a plot of vacant land without any reference to the building. I continued maintaining the Property tax & water by making regular payments(it was a very small sum) in the hope that it might come of use in the future. I have decided to sell the land now and agreed on sale with a buyer. However, the buyer is insisting to include the property details in the sale deed because the said plot of land already has a water tax and property tax assessment linked to it. But the registrar doesn't approve of this because the settlement deed executed in 2021 Sep doesn't not have any mention of a building. 1. Can I apply for a document correction in the SRO to amend the settlement deed to include the building. I understand there might be additional stamp duty charges to be incurred and I will go through the due process 2. If not, how do I go through with the sale process?
Asked 4 years ago in Property Law
Religion: Hindu
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9 Answers
Rectification of a document is permitted only for correction of errors of calculations, typo mistakes, spelling errors in description of parties or property. For executing such rectification presence of all parties is necessary. In your case it is substantial correction which is not permitted. You want to register sale deed as plot with structure on it. If all parties to settlement deed agree you can approach civil Court with proof of sanction plan, permission of water connection and electricity and take a direction to the SRO for required correction.
The settlement deed in your favor is actually erroneous.
Your thinking that the building is in dilapidated condition hence need not be shown is not tenable in law.
If there was a structure even in the said dilapidated condition, it would have reflected in the registered deed so that this document would enable the future chain of document to carry out recitals accordingly
Now you may have to inform all the legal heirs to execute a registered rectification deed accommodating the details This would enable you to sell the property properly
If all the parties agree to the amendment, then go for Rectification Deed mentioning the para or words to be included in the original settlement deed so that the rectification can be a part of the settlement and read as part of the original settlement deed. A para to this effect can also be included. It is therefore advised to go to the advocate through whom the settlement deed has been drafted and registered and he would get the rectification deed executed and registered as per your requirement. The rectification deed should bear minimum stamp duty and registration fee and advocate fee and all the parties to the original settlement again present in before the concerned sub registrar to get the Rectification deed registered.
Dear Client,
You can fill out the rectification form. A 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 the parties to the deed.
Thank you
1. Yes but for rectification only clerical error can be changed not the core transaction details
2. Registered rectification deed
If i have understood correctly the SR should not have issues in accepting the document with building.
Let him specify the reason for denial which can help you to represent before DR.
G.RAJAGANAPATHY
High Court of Madras
- You can correct the settlement deed after executing Rectification Deed .
- However, the presence of all the parties are required before the Registrar for registering the same.
It is better to get the settlement deed amended by the parties concerned, by giving full details of buildings, EB and water service connections as attached to that property. The rectification deed also has to be duly registered. Once it is done, you may proceed with sale.
