Rectification or Correction of Sale Deed

Most of us want to execute a sale deed or any legal document without any errors.
Even if a document is prepared carefully by an experienced person, mistakes do
occur. This may cause unnecessary confusion or trouble for the parties involved in
the transaction. Lets see how such issues can be corrected.
What is Rectification Deed?
A rectification deed is a supplementary document executed between the buyer and
seller to rectify the mistakes made in the original/principal deed with respect to
factual and typographical errors. This is also known as the confirmation deed or
correction deed.
Why is Rectification Deed required?
It is common knowledge that sale deed is an important legal document that
transfers the ownership of the property from the buyer to the seller. Though
prepared by an efficient lawyer with utmost care, errors may occur in a sale deed at
times. Some of the common errors made in a sale deed are:
Incorrect description of the property such as its area and dimensions
Incorrect description of the parties such as their names and addresses
Incorrect location, address and survey number of the property
Incorrect description of revenue records
Incorrect information about prior title deeds
Incorrect details about ownership or power of attorney
Typographical errors
Any errors in sale deed, however minute or unintentional it may be, can lead to
litigation and may result in the cancellation of the transaction. A sale deed is
executed on a stamp paper of considerable value and it is not possible to execute
different sale deeds when errors are detected. In such cases, a rectification deed
can be executed to make the necessary corrections without affecting the
transaction.
Now you may wonder whether a rectification deed is required if the mistakes are
identified before registering the sale deed. In such instances, errors such as
incorrect names and addresses of the buyer or seller, description of the property,
etc. can be corrected in the sale deed itself, if they are identified prior to
registration. The corrections can be authenticated by the involved parties (buyer
and seller). A rectification deed is not required in such circumstances.

If a factual error pertaining to property measurement, terms of the transaction, etc,

is identified, the particular page should be changed irrespective of the stamp cost
on that page.
When to execute a Rectification Deed?
A rectification deed can be executed only when there is a factual error made in the
original deed unintentionally and the original deed does not satisfy the
requirements of both the parties involved. A rectification deed should be executed
only if all the parties involved in the original deed agree with the addition, deletion
or modification of any terms or information referred in the original deed.
Format of Rectification Deed
A rectification deed should be drafted in approved format and should include the
following details:
Name and address of the rectifier/vendor and purchaser
Details of the principal deed
Details of the rectification to be made
Registration of a Rectification Deed
After both parties concur with the corrections to be made, the same should be
transferred to a duly executed document. The concerned parties should pay the
required stamp duty and registration charges for the registration of the deed
according to the laws of the state. The rectification deed should be registered with
the sub-registrars office where the principal deed was registered. The stamp duty
and registration charges for general issues such as typographical errors are Rs.100
each. However, the charges as applicable for conveyance deed should be paid if the
rectification deed deals with changes in the location, names of the buyers/sellers,
survey number, or area and dimensions of the property. Sometimes the registration
authority may implement additional stamp duty and charges based on the situation.
While registering a rectification deed, you should be careful that:
The rectification does not result in any fraud or violation of regulations.
The scope of the principal deed is not altered.
Both parties are not deprived of their rights.
The terms are explained in simple language and in a clear and concise way. This
may help prevent any future dispute.
Limitations of Rectification Deed

A rectification deed cannot be used to correct any errors made on points of law such
as:
Inadequate stamp duty
Incorrect jurisdiction
Nature of transaction, such as a sale deed cannot be registered as a gift deed
Change of scope from the original deed
If there are mistakes related to law in the original deed, a separate procedure
should be followed and they cannot be fixed through the rectification deed.
Supplementary Rectification Deed
Sometimes, an error may occur in the rectification deed and it may require further
rectification. A supplementary rectification deed can be executed in such cases to
correct the errors. This deed can be executed with reasonable stamp duty and
registration charges.
Rectification Deed vs. Ratification Deed
It is important for property owners to understand the differences between a
rectification deed and a ratification deed to avoid errors and litigations. While a
rectification deed is used to rectify errors pertaining to a fact, a ratification deed is
executed to confirm or approve an action that was done on behalf of the principal
by another person. For example, a person with power of attorney performs an act
which is not clearly expressed in the terms of power of attorney. In such cases, the
person who granted the power can ratify the act to confirm that the act carried out
by the power of attorney is accepted and approved.
Ratification deed is also used in case of minors. For instance, a sale may be
executed on behalf of a minor. The person can ratify the sale after attaining the
legal age and accept the sale. Ratification deed can be executed such that the
act/transaction would be valid from the time when it was originally carried out.
A ratification deed can be executed by the principal party even if the act was done
by another person without the authority of the concerned party. For instance, a
person may make a decision in the absence of his/her spouse. In such cases, it is
always advisable to have the ratification in document format, wherever possible. A
mere acknowledgement or verbal agreement may not be enough, based on the
circumstances. After ratification is done, an unauthorized or irregular act becomes
authorized as if it was done with the authority and power granted by the concerned
person.
Ratification deed is important in cases where the act may not bind the principal on
whose behalf the act was done. In such cases, the subsequent approval and

acceptance from the principal is important. It important for the principal to approve
the ratification only after being aware of all the facts and circumstances related to
the transaction. The benefits of the transaction will be given to the person who
gives ratification and at the same time will also have the corresponding
responsibilities and obligations.
Some documents and transactions may need both rectification and ratification. You
should be careful and determine which deed/documentation is suitable for your
needs and execute it. Most of the times, if both parties agree to what has to be
done, it is easy to execute the legal document with appropriate professional help.
In some cases, the concerned parties may not agree to the suggested change or
rectification in the executed documents. In such instances, they may file a suit
under Section 26 of Specific Relief Act 1963 before court. If there is a genuine
factual error which resulted in incorrect reflection of the real intention of the party,
the law provides relief to parties.
Sometimes, one of the parties may file a suit to have the deed rectified. The court
can ask the deed to be rectified after ensuring that the real intention of the parties
is not reflected in the deed.
Understanding the need and importance of rectification deed, its limitations and the
difference between rectification deed and ratification deed can help you to be
vigilant and carry out trouble-free transactions.