Rectification or Confirmation deeds are also known as correction deeds. They are entered between two parties to rectify any errors made in a previous deed. These errors may include typing error, misspelt name, error in the property description, or any other error in the execution of the documents. These mistakes can be later corrected through a deed of confirmation.
Following are the conditions under which a rectification deed is made:
(a) The error must be genuine
(b) It must be inadvertent, not intentional
(c) All the parties must agree to the rectification thereof.
The Indian Registration Act recognises confirmation deeds. According to Section 17 of the Act, any deed confirming any interest in an immovable property needs to be registered. The confirmation may be given either by acquiescence, by limitation, or by deeds. A confirmation deed attracts stamp duty. In case the main document is registered or to be registered, the corresponding confirmation deed also requires registration.
Rectification deeds contain the names and addresses of the parties involved, details of the original deed and description of the rectification to be made. It must be clear and concise in language to avoid future complications. It must not alter the scope of the original document or violate any regulations. Also, care must be taken to ensure that the rectification doesn’t deprive either party of their rights.
In cases where parties to the agreement do not agree to such an amendment or rectification of the executed documents, the other party may file a suit before a court under Section 26 of Specific Relief Act 1963.
The aggrieved party may institute a suit to have the deed rectified. The court can direct the rectification of an instrument if it is satisfied that the deed does not express the real intention of the parties.
There is no limitation for executing a rectification or correction deed. At any point of time, if a mistake is found out, rectification deed can be executed.