Jun 2, 2012

Rectification and Ratification Deed

Mistakes are part of life. However careful and cautious one may be, mistakes may creep into a document. And if the document is related to property, there is confusion all around. This calls for rectification of the errors. But, wait. Often, a rectification is confused with a ratification which is a different aspect altogether. It is desirable to understand the difference between these two types of transactions.
When a typographical error or an omission or a clerical or other such types of errors or mistakes occur in the document, a Rectification Deed is usually executed between the parties concerned. The errors may occur with regard to description of property or at times description of parties as well. At times, addresses may be found missing.
At times, the error is carried over from previous documents. It is also possible that because of oversight certain unnecessary descriptions are carried in the documents. Most of these errors can be rectified by the above process.
It is possible in some cases that the schedules annexed to the deeds reflect the same type of property. In these deeds, there could be a scope for an error to creep in. Take the case of a person purchasing two similar apartments from a developer. Often, such a person will have two similar, if not, exactly the same sale deeds, but for the difference in registration number. Confusion may arise on which is the undivided share relating to which apartment.
This is not a case requiring rectification as it arises in normal circumstances only. However, in certain other cases, if there is a variance in the apartment area substantially, but you have two similar sale deeds, then one document has to be looked into. Depending on the circumstances, a rectification or a conveyance has to be additionally made.
The error may occur with reference to the description of parties, spelling of names, description of prior title deeds, revenue records, names of prior owners, patta numbers, location of property, survey numbers, description of boundaries, description of block numbers, description of door numbers, description of powers of attorney and a plethora of other ways.
Stamped If there is an error relating to description of survey number or the area of the property, then the rectification deed may have to be stamped and registered as a conveyance. There are many other situations where the registering authority may insist on payment of additional stamp duty and registration charges.
Generally, it is to be taken that if the rectification does not result in transfer or conveyance of any other or additional property, only nominal stamp duty and registration charges are payable.
There is also scope for a rectification deed requiring a further rectification. Normally, these types of errors can be corrected by execution of another or a supplemental rectification deed which requires nominal stamp duty and registration charges.
In most of the cases, although the errors can be corrected by simple documentation, access to the seller or a prior owner of the property may not be available. In such cases where the error is patent and the impact of the error is negligible, the same can be corrected by suitable subsequent documentation. If this is not possible, then a proper order has to be obtained from a court of competent jurisdiction for rectification of errors.
When the parties act with mutual consent, then by a deed of rectification, an amendment in the nature of addition, deletion, substitution or correction can be made in the document already executed between the parties. If the earlier document is not registered, then there is not much of difficulty in amending the earlier document even if it relates to substantial matters of agreement.
A ratification is in the nature of confirmation and acceptance of a previous act by a specific person.
A deed of ratification can be executed by the person concerned even when the act has been done by another person without having any authority whatsoever. A ratification can also be implied from conduct, but it is advisable, wherever possible, to have it reduced to the form of a document. A mere acknowledgement may or may not be a ratification depending on facts and circumstances of the case. After ratification, an act which was originally unauthorised or irregular becomes authorised or regular as the case may be. It is as if the person had acted all along with authority and power for the purpose sought to be achieved. Ratification is required in cases where it would appear that the circumstances are such that it would not bind the person in whose name or on whose behalf an act is done, except for his specific subsequent consent and acceptance.
Source:
http://www.hindu.com/pp/2008/03/29/stories/2008032950460300.htm

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