Rectification Deed Without Seller Template for India

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Key Requirements PROMPT example:

Rectification Deed Without Seller

"I need a Rectification Deed Without Seller to correct a property measurement error in my original sale deed dated January 15, 2025, where the plot dimensions were incorrectly recorded as 40x60 feet instead of 45x65 feet in Mumbai, Maharashtra."

Document background
The Rectification Deed Without Seller is a specialized legal instrument used in Indian property law when modifications to an existing deed are necessary but the original seller's participation is either not required or not possible. This document becomes necessary in situations where there are clerical errors, misstatements of facts, incorrect property descriptions, or other non-material errors in the original deed that need correction. It's particularly useful when the original seller is unavailable, deceased, or when the correction is of such nature that it doesn't require the seller's intervention. The document must be executed in accordance with the Registration Act, 1908, Transfer of Property Act, 1882, and relevant state laws. It typically includes detailed descriptions of the original error, supporting documentation, and declarations about the truthfulness of the rectification. The deed must be properly stamped according to state stamp duty laws and registered with the appropriate Sub-Registrar's office to be legally effective.
Suggested Sections

1. Parties: Identifies the executing party (typically the buyer/current owner) who is executing the rectification deed

2. Background: Details of the original deed being rectified, including its registration number, date, and parties involved

3. Definitions: Defines key terms used in the deed, including references to the original deed, property, and relevant parties

4. Details of Error: Specific description of the error(s) or omission(s) in the original deed that require rectification

5. Purpose of Rectification: Clear statement of the purpose and intent of the rectification deed

6. Declaration: Formal declaration that the rectification is true and correct to the best of knowledge

7. Effect of Rectification: Statement that the original deed remains valid in all other respects except for the rectified portions

8. Governing Law: Specifies that the deed is governed by Indian law

9. Execution: Space for signature, witnesses, and notarization

Optional Sections

1. Indemnity: Section protecting against future claims related to the rectification, used when there's potential for disputed claims

2. No Objection Statement: Statement confirming no objections from relevant authorities or interested parties, included when dealing with regulated properties

3. Power of Attorney Reference: Required if the deed is being executed through a power of attorney holder

4. Consideration Statement: Statement that no additional consideration is involved, included when needed for stamp duty purposes

5. Previous Attempts: Details of any previous attempts to contact the seller, included when relevant to justify the without-seller rectification

Suggested Schedules

1. Schedule A - Property Description: Detailed description of the property as per the original deed and the corrected description

2. Schedule B - Original Deed Extract: Relevant extract from the original deed showing the portion requiring rectification

3. Schedule C - Supporting Documents: List and copies of supporting documents proving the need for rectification

4. Appendix 1 - Error Documentation: Detailed documentation of the errors with before and after comparisons

5. Appendix 2 - Affidavit: Affidavit explaining the circumstances necessitating the rectification without seller's presence

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Real Estate

Banking & Financial Services

Construction

Manufacturing

Retail

Hospitality

Healthcare

Education

Infrastructure

Commercial Property

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Documentation

Corporate Secretarial

Land Records

Registration

Administration

Relevant Roles

Legal Counsel

Property Manager

Real Estate Manager

Company Secretary

Compliance Officer

Title Officer

Documentation Specialist

Property Lawyer

Real Estate Attorney

Land Records Officer

Registration Officer

Legal Administrator

Real Estate Coordinator

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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