• How to rectify a mistake in a registered release deed only one word mistake

My grandfather had purchased a residential house property. In his registered will he had clearly mentioned that all his property should be inherited by his only son and his male heirs. My grand father died in 1971 and my father died in 1986. Since my father was visually challenged he could not acquire any asset in his name. As such he did not execute any will for his inherited property. Accordingly after death of my grand father & father during July 2011 when the family members expressed their desire to sell the residential property mentioned above i objected and expressed my desire to retain my share of the said property & requested other legal heirs to partition my share and then sell the residual part. To avoid partition and other incidental expenses other legal heirs agreed to release their rights in my favour for an agreed consideration. Accordingly in July 2011 we (My brothers and my mother ) executed and registered a family Release Deed clearly mentioning the consideration paid to each of them including my mother.Payment made by cheque to my brothers and by cash to my mother (who insisted on cash payment) The Release Deed acknowledges receipt of payment by the Releasor(s) and I also have a receipt on Rs. 500 Non Judicial stamp paper by all the legal heirs. While preparing the Release deed in the property details (Schedule) Ward No,. of the property was wrongly mentioned as Ward "D "instead of Ward "P" . In the manual Patta available for the said property Ward mentioned is P. Now when i applied for issue of patta in my name the application is not getting processed. The officials want me to register a rectification document in this regard. As in any part of India the property value has gone up as such two of the releasor's - my mother and my younger brother may not sign the rectification deed/ Will agree to signing only by demanding a lump sum money. My mohtrer is currently having health issues due to her age about 76+ and is not mentally stable. Doctors had given reference letter for getting assistance and guidance from a psychariatist. But she did not agree to co-operate. Please let me know the procedure to rectify the error in the release deed. If I am to approach the Court for rectification of the mistake can my mother and my younger brother create any problem and stop rectification of mistake. Can they object to sign the rectification deed. Alternatively can i register an affidavit for rectification of the error, if so the procedure to be followed. 
. . 

Do we have any other alternative procedure which do not required the consent of the releasors to set right my document of title. only one word of D corrected to be P. pls tell what is the deed to be registered without other parties. At the time of registration the ward number is P NOW the new ward no is 45.pls help.
Asked 6 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

13 Answers

Deed of rectification has to be executed by your mother and brother to rectify mistake in release deed 

 

2) 

If seller refuses to execute deed of rectification 

 

 

you may file a suit before a court under Section 26 of Specific Relief Act 1963. The law provides for relief to parties in case the real intention of the party is not properly reflected in the documents executed because of a bona fide mistake of fact.

 

 

3)  . 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. This relief is entirely discretionary.

 

 

4) There is no specific period of limitation fixed for filing the suit for rectification. Thus the residuary Article- 113 is applicable.you ought to file suit within three years from the date of the rekease deed. From the date of the release deed itself, the time starts to run for filing the suit

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

 - If a deed contains mistakes like mis-spellings in names, description of property, these mistakes can later be corrected through rectification deeds.

- A deed can be rectified at any time since there is no limitation for rectification. Whenever an error found out in a deed, the parties can proceed with rectification of the error at any time.

- Since, there is an alphabetical error in the release deed ; hence it comes under the typographical error.

- The registration charges and stamp duty for typographical errors are usually around Rs. 100.

- But , for execution of rectification deed , both parties presence is mandatory , whether by himself or through POA.

- If any party of the release deed , refused to give his consent , then the remedy is only with the court direction , after filing a suit under section 26 of Specific Relief Act for getting the order of Rectification. 

- If, the case filed by you against your mother and younger brother is based specifically on the property description , then there will be problem for deciding the case . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Deed of rectification is required to be executed to rectify mistake in schedule of property 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Have You mentioned correct address in the schedule of release deed than it's ok. Otherwise make rectification deed and it's registration will cost you less than 3k.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

The registered rectification deed can be executed by the executors of the principal deed  only.

If they are not willing to cooperate then issue a legal notice to them by a registered post demanding the execution of the rectification deed at your costs.

If they dont cooperate or comply with the demand made then you can file a suit for directing them to execute the same , if they do not appear before court then you may ask the court to execute the same on their behalf at your cost 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Since you only mentioned that the revenue authorities are refusing to mutate the proeprty due to the said error, you may not take a risk on this which may remain an obstacle till the end if not rectified at one stage.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

rectification deed should be executed after mutual consent of all the parties to the main deed. All parties to the original deed should jointly execute the rectification deed as well.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

See if they are not agreeing to sign a rectification deed or making unreasonable demand for same file a suit of rectification before the civil court and make them respondents to same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can face issue while reselling the property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Release deed is irrevocable. If they are not agree to cooperate in rectification deed, you can file suit in court to appoint commissioner who can act as a releasor and execute R deed.

IF they submit objection in court, will not affect your ownership.

And Property address is unambiguous in sale deed. Non rectification will not have any impact on your title.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. If your mother and brother doesn't come forward to help you for registration of rectification deed then you can file a case against them.

2. The case should be filed under specific relief act in which revenue department should also be party to the suit.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You need to execute rectification deed in the same change it. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Sir,

Correcting mistakes in property documents

Execution of property documents is a complex process. Sometimes, a mistake can happen in the process of execution of a document. It is always advisable to get the mistake rectified at the earliest. It may create a major problem at a later stage.

There are different kinds of mistakes possible. For example, there could be an error in facts such as area of the property, its dimensions, the location of the property, survey numbers, names of the owners or the transferors, or the consideration amount. These may be typo errors or because of improper comparison with the property documents such as the transfer deed, sale deed, title deed, revenue records etc. These errors can be rectified by execution of a supplementary document called rectification deed. A rectification deed is a document executed between parties to correct mistakes.

There must have been a bonafide mistake whereby the original deed does not reflect the true intention of parties towards the deed.The mistake should pertain to facts only. The parties to the agreement must agree to modify the original agreement by addition, deletion, or rectification of any terms referred to in the already executed deed. The parties need to bring the correction into a duly executed document. Further, they need to pay the requisite stamp duty in order to get it registered with the specified authority.

A rectification deed should be executed after mutual consent of all the parties to the main deed. All parties to the original deed should jointly execute the rectification deed as well.In case the original deed is registered, the rectification deed should also be registered. The requisite stamp duty and registration charges should be paid as per the laws in force in the State. For errors such as spelling mistakes, the stamp duty and registration charges are Rs 100 each. In case a rectification deed relates to the area, names of the parties, or extent of the property, the stamp duty and registration charges as applicable to a conveyance deed are payable.

To say the least, it makes sense to be extra careful while drafting out a deed in order to avoid the hassles of going through an unnecessary process to get it rectified later.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer