What are Rectification Deeds? Rectification deeds are an important legal instrument provided under the law in the state of Tamil Nadu to rectify (i.e., correct) any errors, whether factual or clerical, that are found in the land records. If not corrected, these mistakes will result in costly litigation or claims of ownership and cloud future transfers. However, here the process of rectification is guided by certain principles as laid down under the Indian Registration Act and the object is to rectify only genuine, unintentional and minor errors where the intention and significance of the transaction in the document remains the same. In this guide, we present an in-depth technical analysis of the charges, procedure, documents, and legal aspects of a rectification deed in Tamil Nadu.
Overview of Rectification Deed
A rectification deed is a document that is executed by the same parties to the original sale transaction in order to rectify the mistakes in the original sale deed, whereas the sale deed and the rectification document describe the details of the same transaction in a combined manner. If there are mistakes such as spelling errors, wrong names, clerical errors, survey numbers or discrepancies in boundaries after the property registration, the rectification deed is needed.
Key technical features of a rectification deed include:
- Mutual Consent: The parties to the original transaction must agree to the change in the deed. In the absence or death of a party, the legal heirs should come and an extra legal procedure may be needed.
- Nature of Errors: Only factual, unintentional, and minor errors can be rectified. Attempts to alter the fundamental terms, nature of the transaction, or ownership rights are not permissible under a rectification deed and may require a fresh conveyance or judicial intervention.
- Legal Framework: The rectification deed derives its authority from the Indian Registration Act, 1908 (Section 17), the Indian Contract Act, 1872 (which requires mutual consent), and the Specific Relief Act, 1963 (Section 26), collectively ensuring that corrections are both consensual and legally enforceable.
Rectification Deeds Charges in Tamil Nadu
The stamp duty on rectification deeds in Tamil Nadu is meant to be purely nominal to reflect the transactional nature of alterations :
- Stamp Duty: A standard stamp duty charge of ₹100 applies for minor clerical, technical, printing, and written mistakes, such as incorrect area, survey number, etc. The nominal charge helps to ensure that students can react fast in order to compensate for mistakes.
- Registration Fee: A standard amount of ₹100 as a registration fee to register the rectification deed at the sub-registrar office.
- Major Corrections: In case correction is substantial, which may have implications for historical transactions of the said property, if the stamp has been used already at the time of original registration, then the same stamp duty must be paid again, but at the rate of conveyance. Such cases are rare and are typically handled by the registering authority.
- Additional Charges: The attorney will charge you somewhere in the range of ₹1,000 to ₹5,000 for drafting or reviewing the rectification deed, depending on the matter and the professional involved.
- Documentation/Notarization Fee: ₹50–₹200 for documentation preparation and notarization, if applicable.
These charges are periodically reviewed by the state government, but the aim is for it to be an accessible process for property owners who have made honest errors. Know how to pay Stamp Duty online in this article.
Where to Register a Rectification Deed in Tamil Nadu?
The rectification deed should be registered at the same sub-registrar office where the original property document was registered. This practice connects the correction directly to the original record, preserving continuity and integrity in the legal history of the property.
- Jurisdictional Requirement: The Sub-Registrar office under whose jurisdiction the property is located is the appropriate competent authority for registration. No attempt will be allowed to register elsewhere and such rectification deed shall become null and void as per the law.
- Legal Binding: Recording at the right office is in no way obligatory, but entering the rectification in public records is good protection against future litigation by adverse claimants and by having a public record of the rectification, the property verification in future deals will be easy.
Documents Required for a Rectification Deed in Tamil Nadu
A robust documentation process is essential to establish the legitimacy of the correction and to satisfy statutory requirements. The following documents are typically required:
- Original Registered Deed: The document containing the error, such as a sale deed, gift deed, or partition deed.
- Draft of the Rectification Deed: Carefully prepared and signed by all original parties, specifying the exact nature of the correction and referencing the original document.
- Proof of Error: Supporting documents that substantiate the correction, such as Aadhaar card, PAN card, updated survey records, or measurement reports. For boundary corrections, official survey documents or settlement records are often required.
- Mutual Consent Letter: A written agreement from all parties, explicitly authorizing the correction. If the original party is deceased, legal heirs must provide consent and proof of relationship.
- Identity and Address Proof: Government-issued identification (Aadhaar, PAN, Passport) and address proof (utility bill, ration card) for all signatories.
- Passport-size Photographs: As required by the sub-registrar for verification and record-keeping.
- Affidavit (if applicable): A sworn statement detailing the nature and reason for the error, especially in cases where the mistake is significant or could be misconstrued as intentional.
- Latest Property Tax Receipt or Encumbrance Certificate: To confirm current ownership and property status.
Process of Registering a Rectification Deed in Tamil Nadu
Registration is painstakingly worked out to maximize openness and legality:
- Identify and Document the Error: Parties to the original transaction must document the error, from the description of the property, to any conflicting reference to names or marital status, and compile all of the information that is relied upon for the correction. This indicates the necessity of a well-defined rectification.
- Draft the Rectification Deed: Draft rectification deed in detail. It should mention the original deed to be corrected and indicate where the correction needs to be made. Lawyers are commonly retained to make sure these documents are technically correct and conform to mandatory statutory forms.
- Obtain Mutual Consent: Obtain a written consent from all parties involved in the first place. In the case any of the party is Not been alive, legal heirs should be involved and other Affidavits and/or court order might be required.
- Purchase Stamp Paper: Buy non-judicial stamp paper of value ( generally ₹100) suitable for the rectification deed.
- Submit Application at Sub-Registrar Office: Submit rectification deed and original documents, error proof, and all related documents at the sub-registrar where your original deed was registered. Verification shall be attended by both parties (or their counsel).
- Pay Registration Charges: Pay the stamp duty and registration fee (₹100 each for minor corrections) as well as any legal or documentation fees.
- Verification and Execution: The sub-registrar verifies the biometrics, scrutinizes the documents, and verifies all procedural formalities. Witnesses may be called for significant corrections
- Registration and Certified Copy: Once the verification is made, the rectification deed is registered, and the certified copy is handed over to the parties. Such a copy should be kept in a safe place as it constitutes an official record of property.
Legal Standing and Practical Effects
After the rectification deed is registered, it has the same legal force as the original deed under the Indian Registration Act, 1908. Some of its practical and legal consequences are:
- Correction of Records: The rectification deed corrects the previous deed, thereby correcting future references in relation to the property. This is elemental to checking the title, mutation and the resell of the property.
- No Change in Ownership: The transfer of the deed does not change the ownership or convey property rights; it only fixes a mistake of fact.
- Prevention of Disputes: As the rectification deed rectifies such mistakes in writing, it prevents disputes when the property gets resold, or at the time of inheritance, or during the application for a loan.
- Judicial Recourse: It is not possible to obtain specific performance if mutual consent between the parties is not achieved; they need to move to a court of law under Section 26 of the Specific Relief Act, 1963. However, the legal process is extremely time-consuming and expensive.
- Integration with Official Records: After the Registration of the rectification deed, it becomes part of the official records, which may be checked by subsequent purchasers, banks or other government agencies.
Conclusion
Rectification deeds are an essential legal instrument to correct the record of one’s rights in Tamil Nadu. It is an open and affordable process that includes low fees for small changes. The immediate rectification of mistakes not only protects property rights but also sets the stage for orderly subsequent transactions and for compliance with mandatory directives.
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