Question: The particulars of land are wrongly mentioned in the sale deed. Therefore, I want correction in the sale deed to rectify errors as soon as possible. What is the procedure for amendment in sale deed and how much expense will incur in modification? I think rectification of sale deed becomes necessary when the material information is incorrect. Please advise how to get correction and remove mistakes from sale deed?
Question from: Uttar Pradesh
When a deed does not reflect correct information then it becomes necessary for the parties to get correction or execute a supplementary deed. Execution of supplementary deed is expensive because you have to pay the stamp duty thereof. So here we discuss how to amend the registered sale deed?
Correction in sale deed
You should file a rectification application before the Registrar for correction or amendment in the sale deed. The Registrar has the power to correct any apparent “mistake of facts” in sale deed on a nominal fee. You should present the rectification application on the affidavit. Annex all evidence with the application which supports your prayer of corrections.
Also read: How to get correction in land record
“Mistakes of facts” means that the Registrar can correct only factual mistakes like description of property, spelling or clerical mistakes. He cannot correct any legal mistake like:
- Change the name of seller or buyer
- Particulars of another property
- Substitute a buyer or seller
- Add in the sale deed a new buyer or seller
If there is any legal mistake which is curable and no need to execute a fresh sale deed then you should file a civil suit under Section 26 of the Specific Relief Act 1963 (SRA). You should also make the Registrar as a defendant in the suit for rectification of sale deed. These are the curable legal mistakes in respect of which you can file a civil suit under Section 26 of SRA.
- Deed does not reflect the real intention of parties
- Due to fraud of a party the wrong information mentioned in the deed.
- Removal of ambiguous nature of instrument or deed.
Sale deed is an important document of ownership. Any material mistake may raise in future unnecessary litigation. The opposite party (seller or his legal heirs) can assail your property right and make unnecessary claims on the ground of mistakes in sale deed. You should initiate the proceeding for correction of the sale deed and secure your rights in the property.