Most Effective Ways To Overcome Rectification Deed - All You Need To Know

What is Deed of Rectification

Amendment or Confirmation deeds are otherwise called Rectification deeds. They are entered between two parties to redress any blunders made in a past deed. These blunders may incorporate a typing mistake, an incorrectly spelled name, a blunder in the property depiction, or some other mistake in the execution of the reports. These oversights can be later redressed through a Rectification or Confirmation deed.

Read Also: Promissory Note Meaning in India

Following are the conditions under which rectification deeds are made

(a) The mistake must be real.

(b) It must be coincidental, not deliberate.

(c) All the parties must consent to the rectification thereof.

Section 17 of the Indian Registration Act, 1908—-

The Indian Registration Act, 1908 governs Rectification deeds. As indicated by Section 17 of the Act, any deed affirming any interest for an immovable property should be enlisted. The affirmation might be given either by passive consent, by impediment, or by deeds.  Rectification deeds attract stamp duty. If the main document is registered or to be registered, then it mandatory for the corresponding confirmation deed to also get registered.

The content of a Deed of Rectification

a) Name and address of the parties involved.

b) Details of the original deed and description of the rectification to be made.

c) Must have clear and concise in language to avoid future complications.

d) Should not alter the scope of the original document or violate any regulations.

e) Must not deprive the party of their rights.

The procedure involved in Rectification deeds

The parties must first mutually agree to the deed and then proceed to a duly executed document.

The parties are required to pay rectification deed registration charges and stamp duty as per the laws of the State. Charges are Rs/-100 for each.

The deed then has to go to the sub-registrar’s office where the original deed has been duly registered.

If by any chance there is an error of any kind in the rectification deed, a supplementary rectification deed shall be executed by paying stamp duty and registration charges, provided that the error must be genuine, inadvertent and not intentional in nature. The parties must agree to the same thereof.

A rectification deed can rectify only factual errors and not those which involve errors of law such as,

a)  Deficient stamp duty
b) A jurisdictional error of Sub-Registry office
c) The basic character of the transaction e.g. Sale transaction cannot be corrected as Gift
d) It is meant to rectify defects in the original deed NOT to change the nature of the transaction OR Intention of the parties involved

In case the parties involved do not agree to the said rectification or amendment of the documents executed, the aggrieved party may file a suit under Section 26 of the Specific Relief Act, 1963. The court, by virtue of its power, can direct the rectification of an instrument if the deed does not express any real intention of the parties.

Format

DEED OF RECTIFICATION

This DEED OF RECTIFICATION is executed at                                                                        this the             day               2004  between

s/o                                                      residing at

hereinafter referred to the RECTIFIER/VENDOR which term includes  its successors and assigns of the ONE PART;

AND

s/o                                     residing at

hereinafter referred to as PURCHASER  which term includes his heirs, executors, administrators, representatives and assigns of the OTHER PART

WHEREAS the property more fully described in the Schedule hereunder was sold by the Rectifier/Vendor in favour of the purchaser herein in and by sale deed dated and registered as Document No. of Book1 volume filed at pages to on the file of the Sub Registrar of            hereinafter referred as the Principal Deed.

WHEREAS in the Principal Deed dated                 in line     of page No.      and inline

of page     the Survey number of the property was wrongly typed as             instead of              .

WHEREAS this typographical error has come to the knowledge of the above said Purchaser and requested the Rectifier/Vendor to rectify the same.

NOW, THIS DEED OF RECTIFICATION WITNESSETH AS FOLLOWS:

That  is the Principal Deed dated      in line       of page No.    and in line     of page No.   the Survey number  of the property conveyed is wrongly typed as       is rectified as

by this Deed of Rectification.

That as rectified as aforesaid, the Principal sale Deed shall remain in full force and effect.

That no consideration has been received by the RECTIFIER/VENDOR for executing this Deed of Rectification.

SCHEDULE OF PROPERTY

(As in the Principal Deed)

SCHEDULE OF PROPERTY

(Rectified by this  deed of Rectification)

Present Market Value of the Property is Rs.

In Witness whereof the RECTIFIER/VENDOR and the  PURCHASER  have set their hands on the day and month year first above written in the presence of

WITNESS                                                                               RECTIFIER/VENDOR

                                                                                                     PURCHASER

No Time Limit—-

There is no time bar for the execution of a rectification or correction deed. At any point in time, when a mistake is discovered, a rectification deed may be executed.

Hence, these deeds are a kind of correction templates which give ample room for the parties to understand and change any error, be it a wrongly spelled name or an error in typing, which might have occurred accidentally.

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10 Small But Important Things To Observe In Attested Documents : Procedure In India

If in the case of self-attested copy, you should sign the photocopy.”

Attest is a legal term that exemplifies to the fact that a person swears word or asseverates the fact of something. Attestation may be contrived by demeanor witness to the decapitation of a document by signing his/her signature on the document. Some attestations swear to the veracity of the content of the document and others swear to the honesty of the document signatures.

• On the other hand, attestation is called Apostille when it is required on document destined for use abroad. All states require slightly two witnesses to demonstrate that a velleity was signed and self-confessed to be decisive.

• There is repudiation in some states for a hankering written in one’s own handwriting. Attest is a legal term that exemplifies to the act of a person’s swear word to or asseverates the truth of something.

Attestation may be made by demeanor witness to the decapitation of a document by signing one’s signature on the document. Some attestations swear to the veracity of the content of the document and others swear to the honesty of the document signatures.

• All states require slightly two witnesses to demonstrate that a velleity was signed and self-confessed to be decisive. There is repudiation in some states for a hankering written in one’s own handwriting.

• Attest may also refer to the giving of attestation in court by demeanor witness or asseverate something to be true, authentic, or correct. For example, in order to view convinced sensitive information, a person can be required to sign a form verifying to the fact that the person fathom the purpose of dropping this information they know that it is unlawful to use the information obtained from the database to execute a crime, discriminate against or hound any subject person of the records. When your eyewitness a document, you are verifying that, affirming and certifying that the person, whom you set surveillance on, sign the document. You are only accepting that you have seen it being signed by the person whose name is on the signature line.
• Attestation is enforced if eyewitness must be present at the inscribing of a legal document. The eyewitness then corroborates that they noticed the legal signing of the document by laying their own signatures on the document.
• The signing of the drive more often than a required bystander to authenticate, as every state needs at least two splurges to attest or the annals. The signal of the power of advocate and indoctrinated types of pledge also generally requires the observer to attest to them.

Read Also: 8 Legal Documents to Check Before Buying Property

So thereby, the witness who verify served no idea other than to verify they supported all other sections harbingering their names to the document.

• A verifying official should also attest to the legal exactness and credibility of a document by tracing his/her name on it. This is mainly done when copies of the document that needs eyewitness signs must be made.

       Documentation Clause Law & Legal Definition

1. Attestation Clause refers to a plan at the end of a gizmo where the bystander certifies that the gizmo has been carried out before them, and the way of the execution of the same.
2. It states that the gizmo has been finished in the aspect prescribed by law in the existence of the witness who places his/her signature in the nominated space. The attestation invigorates the suspicion that all the legal requirements for beheading the intention have been contented.
3. When there is an attestation clause to a velleity, endorsed by witnesses, the premise, though meager, is that the intention is in an unadorned state and it needs to be removed by some extraneous situation.
4. An attestation clause is intermittently erect in legal documents that must be endorsed if they are to be credible, for example, a desire or an accomplishment.
5. The usual attestation clause to a will is: “Endorsed, Fixed, Bring Out and stated by the above-named CD and for his last desire and testimony in the existence of us, who includes subscribed our names as the spectator peril, in the existence of the said divisor, and of each other.

Read Also: Know Some Important Features of the Indian Evidence Act

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The Truth About CPC – Code Of Civil Procedure 1908 Is About To Be Revealed.

Code Of Civil Procedure 1908’s Historical Background

Till 1859, in India, there was no uniform systematized law for the procedures to be followed in Civil Courts. In those past times, under the British standard, there were Crown Courts in Presidency towns and Provincial Courts in Mofussils.

• These Courts in Mofussil regions and Presidency towns were administered by various frameworks of Civil procedure through different guidelines, directions and special acts and those were changed on time to time premise based on conditions and needs.
• In 1859, a uniform civil procedure code was presented by passing the Civil Procedure Code (Act VII of 1859). Be that as it may, this code couldn’t fill the need as this code was not made relevant to the Supreme Courts (Crown Courts under the Royal Charter) and the Sadar Diwani Adalats (Principal Courts under the Judicial Plan by the Governor-General).
• In 1861, the Indian High Courts Act was passed and the Supreme Courts and Sadar Diwani Adalats were abolished. Then the High Courts were set up by supplanting the Supreme Courts at Madras, Bombay, and Calcutta. At that point, the Civil Procedure Code 1859 made relevant to these recently established High Courts.
• The Code of 1859 was altered consistently every once in a while and was supplanted by passing the Civil Procedure Code, 1877. This code of 1877 was revised in 1878 and 1879 and the third civil procedure Code was established in 1882, which supplanted the past code. The Code of Civil Procedure 1882 was additionally revised a few times and eventually the present code of Civil Procedure, 1908 was passed eclipsing the deformities of the Code of 1882.

a) Civil Procedure Court: Meaning and Object

The Law identifying with the practices and system to be followed in the Civil Courts is directed by the Code of Civil Procedure, 1908. The word CODE signifies ‘a systematic collection of statutes, a body of laws so arranged as to avoid inconsistency and overlapping‘.

The fundamental object of this civil procedure code is to unite and alter the laws identifying with the technique and practices followed in the Civil Courts in India. All things considered, it was cherished in the preamble of the code that it was instituted to combine and revise the laws identifying with the methodology to be followed in the civil courts having civil jurisdiction in India. The Civil Procedure Code directs each activity in civil courts and the gatherings previously it till the execution of the degree and order.

Read Also: Understanding the Civil Laws in India

The Aim of the Procedural law is to execute the standards of Substantive law. This Code guarantees fair justice by upholding the rights and liabilities.

b) Extent and Application

The Civil Procedure Code was passed in 1908 and came into power from first January 1909. The Code is pertinent to the entire nation with the exception of –
The State of Jammu and Kashmir
The state of Nagaland and the tribal regions

There is additionally a provision that the concerned state governments may make the provisions of this code pertinent to the entire or part of the State of Nagaland or such tribal regions by notification in the official gazette.

This code is pertinent in the scheduled zones of the previous State of Madras (Lakshadweep), the East Godavari, West Godavari and Visakhapatnam agencies (Now in Andhra Pradesh State).

Read Also: Civil Procedure Code,1908 – Overview of the Bare Act

Salient Features

• The Civil Procedure Code made the procedure to be followed in the Civil Courts very basic and compelling. Authorization of rights, liabilities, and commitments of the citizens are managed by this code. To state, as such, the Civil Procedure Code gives the component to the implementation of rights and liabilities.
• The Civil Procedure Code is a general law and won’t influence any laws which are as of now in force. If there should arise an occurrence of any contention with any other laws, the other law will prevail in the Civil Procedure Code. On the off chance that, in the event that the other law is quiet about a specific issue, the Civil Procedure Code will apply.
• The Civil Procedure Code has been amended a few times to address the issues and prerequisites which are dynamic and changing every once in a while. Between 1909 to 1976, the Code has been amended for more than 30 times.

Conclusion

To empower the courts to convey fair-minded and unprejudiced equity, the Code of Civil Procedure, 1908 gives straightforward and clear procedures to be trailed by the Civil Courts. If there should be an occurrence of no provisions identifying with some issue or matter, the court won’t most likely decide effectively.

Consequently the Code of Civil Procedure, 1908 consolidated the provisions for inherent powers. At the point when there is no enactment, the court, in light of a legitimate concern for equity may exercise the discretionary power by acting past the powers given to them under the Code of Civil Procedure. It is known as the Inherent powers of the Court.

The Code of Civil Procedure is one of the vital parts of procedural laws and it is the one regulating the method to be trailed by the Civil Courts in India. Despite the fact that it might have a few restrictions, however, it is as yet effective, basic, clear and empowers the courts to deliver fair-minded equity and impartial justice.

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7 Things That You Never Expect On History Of The Court Fees Act, 1870

History of the Court Fees Act, 1870 –

The Courts are institutions where the aggrieved go to seek justice. With the establishment of Courts in India, a system evolved for the payment of fees for the adjudication of cases. The rates of stamp fees leviable in courts and offices established beyond the local jurisdiction of the ordinary original civil jurisdiction of the High Courts of Judicature at Fort William in Calcutta, Madras, and Bombay and in proceedings on the appellate jurisdiction of High Courts were governed by the Act XXVI of 1867. However, within a span of about two years, it was considered necessary to make a general reduction in the rates on the institution of civil suits and to rely on the principle of maximum fee which was obtained under the previous law. Also, in order to rectify the repressive effect and to avoid future confusion between stamp-revenue proper and the revenue derived, a comprehensive bill known as the Court Fees Bill was introduced in the Legislature. Now it is known as the Court Fees Act, 1870. 

The Court Fees Act, 1870 –

The Act extends to the whole of India except the territories comprised in Part B states before the 1st of November, 1956. The Act came into force on 1st April 1970. It contains 6 chapters, 37 sections, and 3 schedules.

Types of Court Fees –

There are two kinds of court fees under the Court Fees Act –

• Ad Valorem Court fees (Schedule 1) – it means according to the valuation. Ad valorem duties are always estimated at a certain percent, on the valuation of the property as opposed to fixed or specific duties.
• Fixed or specific court fees (Schedule 2).

Computation of Court Fees –

Section 7 of the Act contemplates three types of valuation of the subject-matter of a suit.

• By valuing it according to its market value.
• By ascribing to the subject-matter an artificial value based simply on the certain fixed rule of calculation.
• By requiring the plaintiff himself to value the relief he seeks.

This section only applies where the ad valorem fee is payable.

Here is the detailed breakdown of the rule of computation of court fees in these kinds of suits –

• Suits for money – According to the amount claimed.
• Suits of maintenance and annuities or other sums payable periodically – Ten times the amount claimed to be payable in a year.
• Suits for movable property where the subject matter has a market value – According to the market value at the date of presenting the plaint.
• Suits for the possession of land, buildings or gardens – According to market value or (net profit x 15 times), whichever is higher.
• Suits for Pre-emption – If instituted under Muslim Personal Law, then according to the market value of the land.
• Suits for partition – According to the market value of the share in respect of which the suit has been instituted.
• Suits for the interest of an assignee of land revenue – Fifteen times of net profit.
• Suits to set aside an attachment of land – According to the amount for which the land was attached.
• Suits to redeem mortgaged property and suit for foreclosing – According to the principal money
• Suits for injunction or for a right to some benefit to arising out of the land – In such suits, the plaintiff shall state the amount at which he values the relief sought.

Section 35 of the Court Fees Act –

The 1[Appropriate Government] may, from time to time by notification in the Official Gazette, reduce or remit, in the whole or in any part of 2[the territories under its administration], all or any of the fees mentioned in the First and Second Schedules to this Act annexed,—The 2[Appropriate Government] may, from time to time by notification in the Official Gazette, reduce or remit, in the whole or in any part of 3[the territories under its administration], all or any of the fees mentioned in the First and Second Schedules to this Act annexed,” and may in like manner cancel or vary such order.

The Section states that the appropriate government, whether Central Government or respective State Governments from time to him, has the authority to reduce or remit fees as mentioned in the First and Second Schedules of the Act. It may in like manner also cancel or vary such an order.

CONCLUSION –

The Court Fees Act is a fiscal enactment. Its primary objective is to shield or protect the revenue of the State. It was passed to secure the revenue for the benefit of the State. Court Fee is considered as a State debt. The government has an obligation to pay court fees as much as any other party who approaches the court of law. This act also determines the jurisdiction of civil courts.

It is not mandatory for the court-fee value and the jurisdictional value to be the same. The right procedure is to ascertain the value for court fees at first and then adopt the same valuation for the jurisdiction.

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How Much Do You Know about Rejection Of Plaint Under Civil Procedure Code?

Introduction

The Civil Procedure Code (CPC) deals with the procedure and dealing of the civil suits. Under the CPC nowhere has it been defined that what is ‘rejection of plaint’ but grounds on which a plaint is rejected are mentioned under Order 7 Rule XI. It mentions four grounds on which a plaint can be rejected.

Rejection of plaint- the section specifies the grounds under which the plaint can be rejected:—

(a) where it does not disclose a cause of action;

(b) where the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so;

(c) where the relief claimed is properly valued, but the plaint is returned upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so;

(d) where the suit appears from the statement in the plaint to be barred by any law. [1]

Grounds on which Plaint is Rejected

1. Where it does not disclose the cause of action- if the plaintiff fails to mention the facts which give him right to seek relief against the defendant and the necessary facts that are required to prove wrong done by a defendant against the plaintiff, then in such cases the plaint can be rejected. [2]
2. Where the relief claimed by the plaintiff is undervalued, or fails to correct the same on the direction of the court within a given period.
3. Where plaint is properly valued and relief under it but the plaint gets rejected on the ground of insufficient papers or papers not properly attested or stamped, where the plaintiff does not present the plaint in accordance to the Court-fees Act.
4. Where the suit is time-barred.
5. In every suit, a duplicate file of the plaint needs to be filed by the plaintiff. If this requirement is not fulfilled, the plaint is rejected.
6. Where the plaintiff fails to act in accordance with Rule 7 and Rule 9, the plaint can be rejected.
   

Provision of Rejection of Plaint under the CPC

1. Procedure for rejection of plaint- “for rejection of plaint the judge shall record order with valid reasons for the passing of such order. Recording reasons is very important when the judge rejects any plaint.”[3]

Therefore, an order needs to be recorded by the judge in case of rejection of the plaint. Reasons for such rejection should also be noted by the judge.

2. Where rejection of plaint does not preclude the presentation of fresh plaint— “The rejection of the plaint on any of the grounds hereinbefore mentioned shall not of its force preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.” [4]

If the plaint is rejected on any of the grounds mentioned under Order 7 Rule XI shall not preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.

Modes of Rejection of Plaint

1. At any stage of the proceeding, the defendant can file an application which can be in the form of an interlocutory application.
2. Under Order VII Rule 1, Suo Moto rejection can be done. A Suo Moto rejection means that if the conditions above stated are fulfilled, the court can by its own motion try a suit.

Important points to be noted

1. The plaint cannot be partly rejected and partly accepted. It is rejected as a whole. [5]
2. Where an application under Order 7 Rule XI is filled with a mala fide intention to cause delay to the proceeding, it is rejected. [6]
3. The order rejecting a plaint is a decree by a court and hence is appealable. [7]

Conclusion

Civil Procedure Code, 1908 is one of the most important document. It provides a detailed procedure of the civil suits. Comprehensive understanding of each and every provision is an important element. Rejection of plaint is done under certain grounds which are enumerated under Order 7 Rule XI. In the provision, the word ‘shall’ makes it mandatory for the court to reject the plaint when any of the points are satisfied. It is also very essential for the court to record the reasons for any order that it passes in order to reject the plaint. Moreover, if a plaint of the plaintiff is rejected by the court, it doesn’t imply that it cannot bring a suit on the same subject matter again. He is not barred from bringing a subsequent suit on the same subject-matter.

Citation-

[1] Order 7 Rule XI, Civil Procedure Code, 1908.

[2] S.M.P. Shipping Services Pvt. Ltd. V. World Tanker Carrier Corporation (2000) Bom 34.

[3] Civil Procedure Code, 1908, Order 7, Rule 12.

[4] Civil Procedure Code, 1908, Order 7, Rule 13.

[5] Kalepur Pala Subrahmanyam v. Tiguti Venkata. (1971) AP 313.

[6] Sopan Sukhdeo Sable V. Asstt. Charity Commr. (2004) SC 569.

[7] Bibhas Mohan Mukherjee v. Hari Charan Banerjee (1961) Cal 491 (FB).

The Ultimate Revelation Of Power Of Attorney In India

Power of attorney is a legal document that authorizes one person to represent and take decisions on behalf of another, generally on matters related to property, finance, banking, or other matters of legal significance. It is typically executed when the individual on whose behalf the actions are taken is out of the country or is rendered incapable of taking such decisions because of illness or old age. The person who gives a power of attorney is known as the ‘Donor,’ whereas the person to whom a power of attorney is given is known as ‘Donee.’

Power of Attorney Act of 1882:

The power of attorney Act of 1882 lays down certain provisions with regards to the legality and validity of appointing a power of attorney. Section 1(A) of the Act defines power of attorney as:

1A. In this Act, “power-of-attorney” includes any instrument empowering a specified person to act for and in the name of the person executing it.[1]

A power of attorney is, therefore, a legitimate written instrument authorizing one individual to carry out actions and take decisions on behalf of the other, when the latter is indisposed or out of the country.

Indian Contract Act of 1872:

The relationship between a donor and donee of a power of attorney is equivalent to that of an agent and principal as mentioned under the Indian Contract Act of 1872. Section 182 of the Indian Contract Act lays down the definition of Agent and Principal

182. An “agent” is a person employed to do any act for another or to represent another in dealing with third persons. The person for whom such act is done, or who is so represented, is called the “principal.”[2]

It is essential for a power of attorney to be valid that the donor and donee, otherwise known as the principal or agent are of sound mind and above the age of 18. This restriction has a limitation. A married woman is capable of executing a power of attorney, even if she is a minor. [3]

Registration of a Power of Attorney:

It is important to get a power of attorney registered. Depending on its type, a power of attorney can fall under section 17 or section 18 of the Registration Act of 1908. [4]Even though it is not mandatory to get all power of attorney registered, it is advisable to do so. Registered power of attorney serves as evidence and makes it easier to prove the principal and agent relationship, thereby offering an easy solution to potential disputes relating to liability.

Types of Power of Attorney:

• General Power of Attorney: A general power of attorney is executed in a general context. This document gives the agent greater authority in executing actions on the principal’s behalf. A general power of attorney authorizes the agent to perform general tasks. There should not be any mention of a specific action in a general document. The amount of trust factor involved in the execution of a general power of attorney should also be greater than the specific power of attorney. General authorizations can be given on matters of property, banking, taxation, legal disputes, and so on.
• Specific Power of Attorney: Specific Power of Attorney or special power of attorney, on the contrary, is executed for a specific purpose. The authority given by the principal to the agent is therefore significantly lesser. A specific power of attorney is given out for completing a particular action, and as soon as the action is finished, a power of attorney comes to an end. A principal may have multiple specific power of attorney.
• Durable Power of Attorney: A durable power of attorney continues even after the death of the principal. It should be expressly mentioned in the power of attorney deed.
• Non-Durable Power of Attorney: When it is not mentioned in the power of attorney deed that it should be continued even after the principal’s death, it is by default non-durable power of attorney deed.

Revocation of a Power of Attorney:

A power of attorney may also be revoked or canceled in most of the cases.

• Under section 201 of the Indian Contract Act, an agency can be terminated when the principal revoked his/her authority or when the agent renounces his/her business of the agency. It also mentions that an agency can be revoked if the principal or agent dies or becomes of unsound mind. [5]
• Section 202 of the Indian Contract Act talks about situations when agency cannot be revoked ‘Where the agent has himself an interest in the property which forms the subject matter of the agency, the agency cannot, in the absence of an express contract, be terminated to the prejudice of such interest.’[6]

Conclusion:

A power of attorney can, therefore, be given by anyone. It is, however, most commonly used for property matters of non-residential Indians. A power of attorney deed consists of the name and addresses of the donor and the done, the purpose of giving the power of attorney, the powers and authority that are granted to the agent and the date of incorporation and termination.

This is all about the Power of Attorney in India in brief.

[1] Power of Attorney Act (1882) section 1(A)

[2] The Indian Contract Act (1872) section 182

[3] Power of Attorney Act (1882) section 5

[4] The Registration Act (1908) section 17 and 18

[5] The Indian Contract Act (1872) section 201

[6] The Indian Contract Act (1872) section 202