Rectification Deed

A Rectification Deed, also known as a Correction Deed or a Deed of Confirmation, is a legal document used to correct errors, mistakes, or omissions that have occurred in a previously executed and registered property deed, such as a Sale Deed, Gift Deed, Lease Deed, etc. The purpose of a Rectification Deed is to rectify factual inaccuracies without altering the fundamental nature or terms of the original transaction. In Delhi, the process for executing and registering a Rectification Deed is governed by the Registration Act, 1908 and other relevant property laws.

Common Errors Rectified by a Rectification Deed:

• Typographical Errors: Mistakes in names, addresses, spellings, or numbers.

• Incorrect Property Description: Errors in the boundaries, area, survey numbers, or address of the property.

• Omission of Clauses or Details: Missing but agreed-upon clauses or specific details.

• Incorrect Identification of Parties: Mistakes in the names or details of the buyer, seller, donor, donee, etc.

Key Elements of a Rectification Deed:

A valid Rectification Deed in Delhi should typically include:

• Reference to the Original Deed: Clear details of the original deed that is being rectified, including its type, date of execution, registration number, and the office of the Sub-Registrar where it was registered.

• Details of the Parties: Names and addresses of all the parties involved in the original deed.

• Description of the Errors: A clear and specific description of the errors, mistakes, or omissions that need to be corrected.

• Corrected Information: The accurate information that should have been included in the original deed.

• Confirmation of the Original Deed (as Corrected): A statement confirming that except for the corrections mentioned, all other terms and conditions of the original deed remain the same and are binding on the parties.

• Signatures: Signatures of all the parties who were signatories to the original deed (or their legal representatives).

• Witnesses: Signatures and details of at least two witnesses.

• Date and Place of Execution: The date and place where the Rectification Deed is signed.

Procedure for Registration of a Rectification Deed in Delhi:

To make the Rectification Deed legally valid and binding, it must be registered at the Office of the Sub-Registrar where the original deed was registered. The procedure generally involves:

• Drafting the Rectification Deed: Prepare the Rectification Deed clearly outlining the errors in the original deed and the correct information. It is advisable to seek legal assistance for drafting this document. Online deed writing services might be available on the Delhi Online Registration Information System (DORIS) portal, but legal review is still recommended.

• Stamp Duty: In Delhi, the stamp duty payable on a Rectification Deed is typically a nominal fixed amount, usually ₹100. This is because it's a correction deed and not a transfer of property. The stamp duty is paid through e-stamp paper.

• Registration Fee: A nominal registration fee is payable at the Sub-Registrar's office. The registration fee for a Rectification Deed in Delhi is ₹1000, along with a ₹100 pasting fee.

• Appointment: Schedule an appointment to visit the Sub-Registrar's office through the DORIS portal (https://doris.delhigovt.nic.in/). Ensure you use the correct platform if DORIS redirects you to the National Generic Document Registration System (NGDRS) portal.

• Visit the Sub-Registrar's Office: On the appointed date and time, all the parties who were signatories to the original deed (or their authorized representatives) and two witnesses must be present at the Sub-Registrar's office with the following original documents and their photocopies:

  1. Original registered deed that needs to be rectified.

  2. The prepared Rectification Deed on stamp paper.

  3. Identification proofs (Aadhaar card, PAN card, passport, etc.) of all parties and witnesses.

  4. Address proofs of all parties and witnesses.

  5. Passport-sized photographs of all parties.

  6. Proof of payment of stamp duty and registration fee.

  7. PAN cards of all parties.

• Verification and Signing: The Sub-Registrar will verify the identities of the parties and the documents. All parties and witnesses will sign the Rectification Deed in the presence of the Sub-Registrar.

• Registration: The Sub-Registrar will register the Rectification Deed and provide a receipt.

• Collection of Registered Deed: The registered Rectification Deed can be collected from the Sub-Registrar's office after a few days upon presenting the receipt. The Rectification Deed is usually annexed to the original registered deed.

Important Considerations in Delhi:

• Consent of All Parties: All parties involved in the original deed must consent to the rectification and sign the Rectification Deed. If any party has died, their legal heirs must sign.

• Nature of Error: The Rectification Deed can only be used to correct factual errors or omissions. It cannot be used to make substantial changes to the terms and conditions or the nature of the original transaction. For significant changes, a new deed might be required.

• Timeliness: It's advisable to execute a Rectification Deed as soon as the error is discovered.

• Legal Advice: It is always recommended to consult with a lawyer when drafting and registering a Rectification Deed to ensure it legally and effectively corrects the errors in the original document.

By following this procedure, parties can rectify errors in their registered property deeds in Delhi, ensuring the records are accurate and legally sound.

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