After entering into an agreement, I noticed a mistake in the agreement. I want to rectify the mistake. Is it permissible under law?

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Execution of property documents is always a complex process and error occurs in such process of execution of the documents and they are to be rectified at the earliest. Any agreement prepared by an experienced person may make mistakes while drafting the document. Most of the documents like sale deed, lease deed, gift deed, mortgage deeds etc are drafted and if mistakes happen in them, then rectification of it comes into place. A rectification deed is an additional document that is executed by the buyer and seller in a sale deed to rectify the mistakes that has happened in the original deed/agreement because of typing errors.

It can also be called as correction deed and the main purpose of this document is to correct the errors like wrong description of party’s names and addresses, location, survey number of property, wrong ownership details, typographic errors etc.When the original deed does not satisfy the requirements of both the parties then rectification deed can be executed to correct the unintentional mistakes that has happened in the agreement/deed.

  • Rectification deed should be drafted in a proper format and it must include:
  • name and address of rectifier;
  • details of the principal deed;
  • details of the rectification to be made

Parties must put the corrections that are done to the original document in a duly executed document and for that they need to pay requisite stamp duty to get it registered. Rectification deed is always done after mutual consent of all the parties to the main deed. If one of the parties to the agreement do not agree to the rectification then the other party who wants it can file a suit under Section 26 of the Specific Relief Act 1963 in a court. Court grant the relief that is entirely at the discretion of court.

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Rectification deed cannot be used to correct errors that are made in relation to the law like:

  • Inadequate stamp duty;
  • Incorrect jurisdiction;
  • Nature of transaction;
  • Change of scope from original deed.

Rectification deed is very important in cases where the act does not bind the principal on whose behalf the act was made.  In Sri Hanumanarasaiah vs Muniswamaiah on (27 August, 2014)court granted a decree for rectification of sub-survey number in the sale deed and directed the defendant to execute the rectification deed in favour of plaintiff.

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by Sushma Javare.