We have got a memorandum of understanding notarised. But while getting a100 rupees stamp paper for this from a nearby shop, by mistake in description of document it has been mentioned memorandum of settlement and we did not notice it and got it notarised. Now the document is MOU( memorandum of understanding) and the description incorrectly says its Memorandum of settlement. My query is 1.How can we rectify this mistake? 2.Can the stamp paper be modified to change description? 3.Can a new date stamp paper be afixed on top? 4. Can a declaration be signed by parties agreeing that the stamp paper is incorrect? 5. Does the document become invalid as its description on stamp paper is incorrect? 6. As per my understanding for MOU it is not mandatory to have stamp paper. Can we remove the stamp paper and use the rest of the document? Please suggest any other remedy which might be possible. Thanks
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Document does not become invalid merely because it mentions it as memorandum of settlement and not understanding
2) MOU should be on stamp paper
3) stamp paper cannot be modified
4) no new date can be affixed on stamp,paper
5) you can enter into fresh MOU on stamp paper
you can execute another document cancelling the previous document and do rectification. Need to notarise it
The incorrect description on the stamp paper ("memorandum of settlement" instead of "memorandum of understanding") does not invalidate your document, as the substance and content of the MOU remain accurate and legally binding. Courts generally focus on the actual content and intention of the parties rather than minor discrepancies in stamp paper descriptions.
Here are your available remedies:
Rectification Options:
Correction/Amendment on the stamp paper: You can make a correction by striking through the incorrect words with a single line and writing the correct description above or beside it. Both parties should initial/sign near the correction to acknowledge it.
Rectification Deed: Draft a separate rectification deed clearly stating the error and the correct description. This should be signed by all parties and can be notarized for additional authenticity.
Declaratory Note: Add a note at the end of the document stating that the stamp paper description is incorrect and should read "Memorandum of Understanding" instead of "Memorandum of Settlement." All parties should sign this clarification.
Regarding Your Specific Questions:
The stamp paper description cannot be physically modified after purchase, but corrections can be made as described above.
A new stamp paper cannot be affixed on top of the existing one.
A signed declaration by all parties acknowledging the error is legally acceptable.
Important Note on MOU and Stamp Paper:
MOUs are generally not required to be on stamp paper unless they involve specific obligations or considerations that make them legally binding contracts. If your MOU is purely declaratory of intent without binding obligations, you could theoretically remove the stamp paper and use the document without it, though this may affect its evidentiary value in court.
The simplest remedy is to make the correction with proper initials from all parties, as this is widely accepted and legally valid.
The description on the stamp paper (e.g., "Memorandum of Settlement" instead of "MOU") is not the essence of the stamped document. What matters is the content of the document executed on it, not the label typed by the stamp vendor.
You cannot erase/overwrite or change the description already printed on the stamp paper, any alteration could make it suspicious or inadmissible.
You cannot paste a new stamp paper on top of an old one. Each instrument must be executed on proper stamp paper.
Both parties can execute a short declaration/affidavit stating that:
By oversight, the stamp vendor printed "Memorandum of Settlement" instead of "MOU".
The intent of the parties was to execute an MOU only.
The error is clerical and not material.
Even if wrongly titled, if the document content is in fact an MOU, then it will be treated as such the document does not become invalid.
If the MOU is not yet relied upon legally, safest option is to re-execute it on fresh ₹100 stamp paper with correct title.
The wrong description on the stamp paper does not make your MOU invalid. Stamp duty for an MOU isn’t even mandatory unless it creates binding obligations. You don’t need to modify the stamp paper.
Best practical solution:
If you want to be extra safe, you can re-execute the same MOU on fresh stamp paper, but legally it’s not required.
Simply remove the incorrect stamp paper entirely since MOUs don't legally require stamp paper in India. The notarized document will remain fully enforceable without it. This is actually the cleanest approach as it eliminates any future confusion about the stamp paper description while maintaining complete legal validity of your MOU.
1. Since, the said mistake is on the stamp paper then it cannot be rectified after issuing the same.
2. No
3. Both the parties can enter into a rectification deed with the new stamp paper
4. No
5. No , if the clauses are correct and the deed having the correct heading of the agreement.
6. Yes,, not mandatory
