Rectification deed is a document
correcting the mistakes of facts in the original/principal deed. Mr.Sampath had negotiated to purchase a residential
site at Peenya for Rs. Four lakhs and got the sale deed registered. After receipt of the sale deed,
he found, that the dimensions of the area
are wrongly mentioned in the schedule
as East to West 40'
and north to south
as 30' instated of East to West 30'
and North to South 40'. Mr. Rajagopal had a similar problem in the sale deed, the boundaries of property
purchased are wrongly mentioned.
The
case of Narasimhan is slightly different; he has purchased two different
properties from a common vendor under a common sale deed including both the properties under single
schedule. Mr. Narasimhan was
for a pleasant
shock to find that encumbrance certificate did not reflect the sales in
respective property schedules,
but was combined under a single property schedule. Such instances are many. Many
mistakes creep into the sale deeds,
as they are not
properly verified and compared with the title deeds, revenue records, and at times
are not drafted by professionals/advocates. Sometimes, the
area of the property, survey numbers, location, boundaries, municipal numbers, description and number of floors,
are wrongly written. Names of parties may be mis-spelt, amount of consideration may
be wrong, easementary
rights may not have properly dealt. In
many cases, the real contention of parties to the deed may not have been
reduced into writing. Such mistakes, errors in the deeds should be corrected by another document. This is called rectification deed. It is equitable
relief
granted by Inorder to have deed of rectification, there must be mutual mistake and the originaldeed does not reflect the true intention of parties.
The Court of equity based on doctrine of
mistake. In order to have deed of rectification,
there must be mutual mistake and
the original deed does not reflect the true intention of parties. More important is
that mistake should be of facts and not a mistake of law. But, mistake of
foreign law is considered as mistake of fact.
Sections 20 and 21
of Indian contract act deals with
this aspect.
Rectification Deeds are
executed on mutual consent of the parties to main deed,
all the parties who have executed the main deed should join in execution. But real problem lies where the mutual consent is not possible. In such cases, the recourse is to file a suit
under section 26 of Specific Relief Act 1963. This
section provides,
where the real
intention of the party is not properly expressed in the documents because of mistake
of fact or fraud, either the party or his representative may institute a suit
to have the deed rectified.
The section also empowers the court to direct the rectification of an instrument if the court satisfies that the deeddoes not expressthe real contention of the parties.Further the contract
in writing may first be rectified and then if the party claiming rectification
has so prayed, in his pleading and the court thinks fit, may be specially enforced. This relief will be
granted, if it has been specially claimed.
If it has not
claimed such relief in his pleadings, the court at any stage of the
proceedings may allow him to amend the pleadings. This is entirely discretionary and
when granted does not prejudice the rights acquired by the third party
in good faith for value.
If
the original deed is registered, the corresponding rectification deed also requires Registration. The stamp duty and registration charges are payable as
prescribed by respective states.
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