Rectification deed is a document executed
between parties for the purpose of effecting corrections of
the mistakes of facts / typographical errors which are committed in the
original/principal deed.
In one instances, one Mr. Sampath purchased a
residential site at Peenya, Bangalore for a consideration of Rs. 4
lakhs and got the sale deed in respect of the said property registered.
After receipt of the sale deed, he discovered that the dimensions of the
property provided in the schedule annexed to the said sale deed, were wrongly
stated as “East to West40’ and North To South as 30’” instead of “East to West30’ and North to South40’.” In another instance one Mr. Rajagopal had a similar
problem in the sale deed executed by him, wherein the boundaries of property
purchased by him were wrongly stated. The mistakes committed in the above two
instances are too common and are rectifiable.
However, the case of one Mr. Narasimhan was
found to be slightly different, as he has purchased two individual properties
from a common vendor under a common sale deed and thus both the said individual
properties had a common schedule, annexed to the said sale deed. Mr.
Narasimhan, subsequently was shocked to discover that encumbrance certificate
pertaining to the said properties did not reflect their individual sale, but only
reflected the combined sale under a single property schedule.
There are many such
instances to be found wherein mistakes creep into sale deeds, which are not
properly verified and compared with the title deeds, revenue records, and those
are usually documents, which are not drafted by professionals/advocates.
Sometimes, the area of the property, survey numbers, location, boundaries,
municipal numbers, description andnumber offloors, are wrongly stated. Names of parties are
mis-spelt, consideration amount incorrectly stated, easementary rights not
being properly dealt with. In many of such cases, the real intention of
parties to the deed may not have been reduced into writing.
Such mistakes, errors in the deeds require to
be corrected by execution of a supplementarydocument namely a rectification deed. Rectification of
deeds is supported by the various canons of law and is an equitable relief
usually granted by the Court of Equity and is based on doctrine of mistake of
fact. In order to execute a deed of rectification, there must be mutual
bonafide mistake whereby the original deed does not reflect the true intention
of parties to the said deed.
More importantly the said mistake should
pertain to facts only and not a mistake of law. However, a notable
exception to the said rule is in respect to mistake of foreign law which is
considered as mistake of fact for the said purpose. Sections 20 and 21 of
Indian Contract Act deals with this aspect of law.
When the parties to deed, agree to modify,
add, delete any terms referred to in any original deed executed by them on a
prior dated, to bring out their true intentions, it is necessary to reduce such
correction into a duly executed document and to pay the requisite stamp duty in
order to get the same registered with the concerned authority.
Rectification Deeds are executed out of mutual
consent of the parties to Main Deed, and all such parties to the original deed
should jointly execute the rectification of the same. However, a problem may
arise where such mutual consent is not possible. In such cases, the
recourse is to file a suit before a competent court under section 26 of Specific
Relief Act 1963. The said section provides for relief to parties facing
the problem stated above, where the real intention of the party is not properlyreflected in the documents executed because of a bonafide
mistake of fact or fraud, whereby either the party or his representative may
institute a suit to have the said deed rectified.
The
said section also empowers the courts to direct the rectification of an
instrument, if the court satisfied that the deed does not express the real
intention of the parties. In such cases the original deed may be first be
rectified and then the parties claiming rectification should seek sanction of
the court to such rectification in his pleading and if the court so thinks fit,
the same may be speciallyenforced. This relief will be granted, only if it has been
specially claimed in the pleadings. However, if the said relief has not
been specifically claimed, the court at any stage of proceedings at its own
discretion may allow the party to amend its pleadings to incorporate the said
relief. This relief is entirely discretionary and when granted will not
prejudice the rights acquired by a third party in good faith for value.
If the
original deed is registered, the corresponding rectification deed also requires
to be registered. The stamp duty and registration charges payable for
registration of the rectification deed are as prescribed by respective states.
If the
rectification deeds rectifies the mistakes of general nature, boundaries,
spellings, etc the stamp duty and registration charges are Rupees One Hundred
each, and if the rectification deed refers to the area, extent of the property,
names of the executants, stamp duty and registration charges are as that of
conveyance deed.
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