Second rectification deed should be executed to rectify mistake
it should be duly stamped and registered
Typing error in rectification deed
Hi All, I am planning to purchase residential site of 60x40 i.e. 2400 square feet dimension. 1) Little bit background on this property. In year 2018, a Gift deed was registered from the vendor in favor of his mother as he stay at abroad. During documents review we found that in Gift deed the measurement of the schedule property was wrongly mentioned, East to West 40 feet and North to South 60 feet instead of East to West 60 feet and North to South 40 feet. Hence a Rectification deed was done on 23-9-2023 to correct this. 2) Now found some TYPING ERROR (Day, year and measurement in square meter wrongly mentioned) in the rectification deed. 3) In rectification deed, the date in wordings in wrongly written (Day: 21 instead of 22 and Year 2022 instead of 2023) but the date in numbering is correct [Twenty First day of September Two Thousand Twenty Two ([deleted])]. 4) In rectification deed it is mentioned as East to West 60 feet or 18.28 meters and North to South 40 feet or "12.192 Square meters - which is wrong" [it should have been 12.192 "meters" instead of "Square meter"] , total measuring 2400 square feet or "222.97 meters - which is wrong" [it should have been 222.97 "square meters" instead of "meter"]. Please let us know the procedure to correct this TYPING ERROR in Rectification deed. Should we plan to do 2nd Rectification deed or the Rectification deed can be cancelled or deed of declaration will be helpful in this case. Thank you.
Asked 2 years ago in Property Law
Religion: Hindu
14 Answers
thanks. 1) whether the "First" rectification deed should be "cancelled" and then do the "Second" rectification deed. or 2) execute "Second" rectification deed to correct the mistakes in "First" rectification deed.
Asked 2 years ago
Second rectification deed should be executed to rectify mistake in first rectification deed
To avoid confusion, it's advisable to go for registered Deed of Declaration incorporating the correct changes.
Please suggest which is correct method to rectify the mistake - either execute 2nd rectification deed "or" the Deed of declaration ?
Asked 2 years ago
No need to execute deed of declaration
second deed of rectification can be executed
A rectification deed is a legal instrument that allows you to correct any minor errors or mistakes in your property documents, such as spelling errors, typing errors, mistakes in property description, etc. A rectification deed is also known as a correction deed, confirmation deed, supplementary deed, amendment deed, etc. A rectification deed is recognized under Section 17 of the Indian Registration Act, 1908 and has to be registered to become legally valid.
In your case, you have found some typing errors in the rectification deed that was done to correct the measurement of the property in the gift deed. The errors are related to the date and the unit of measurement. These errors can be rectified by executing another rectification deed with the consent of all the parties involved in the original deed. The second rectification deed should clearly mention the errors and the corrections made in the first rectification deed and refer to the registration number and date of the first rectification deed. The second rectification deed should also be registered with the sub-registrar’s office and pay the stamp duty and registration fees as applicable.
Alternatively, you can also cancel the first rectification deed and execute a fresh rectification deed with the correct details. However, this may involve more time and cost, as you may have to pay the stamp duty and registration fees again for cancelling and registering the new rectification deed.
A deed of declaration is another option that you can consider. A deed of declaration is a document that declares or clarifies certain facts or circumstances related to a property or a transaction. A deed of declaration can be used to explain or supplement the information given in another document, such as a sale deed or a gift deed. A deed of declaration can also be registered with the sub-registrar’s office and pay the stamp duty and registration fees as applicable .
The procedure to correct the typing error in your rectification deed may depend on your preference and convenience.
- The typing error in date is normal and not required any correction or rectification
- However, the error in measurement and direction of the property can create problem , and hence a new rectification deed should be executed
- Further, as the first rectification deed is registered , then its cancellation is necessary , and then only the second rectification deed should be executed.
If the Vendor and his mother can execute a registered 2nd Rectification Deed, then it's recommended. If Vendor's mother is unable to execute the registered 2nd Rectification Deed, then let the Vendor execute a registered Deed of Declaration.
There appears to be more errors committed in the rectification deed and all the errors are glaring which cannot be ignored as petty error.
The date cannot be a different one in the same deed at one place to that of the date mentioned in another place pertaining to the same transaction.
Besides the error in square meter and meter is also a matter of concern even though the measurement has been mentioned correctly in square feet.
In that case there was no necessity to add the measurement in meters too.
Therefore it is pertinent to get a second rectification deed executed to rectify the pointed out errors once again.
No, the second rectification deed can be executed to rectify the errors committed in the principal rectification deed.
Therefore the principal rectification deed should not be cancelled.
There is no question of declaration deed, it is a wrong step.
Why do you have to declare and what are you going to declare?
These are errors which can be rectified by executing a registered rectification deed.
You can correct the same by executing another rectification deed for the same
In case either party finds an error in the sale deed, they must appear in person at the sub-registrar's office, where the deed was previously registered. With all supporting documentation, they will have to submit an application to the official seeking corrections in the document
Dear Sir,
The better option would be to cancel the first rectification deed and make all amendments thereafter.
Greetings of the Day,
I have read your issue but find that there are some facts which need to be clarified. You can approach on either nine two one two one two four five eight five or seven zero four two eight three three six eight six for personal approach.
We Hope that a personal consultation would be fruitful to the issue and it would be better for you to talk to someone directly.
Best Regards
SPS Law Chambers
New Delhi.
