Sale deed registration
This query is : Resolved
23 April 2015
my question : a sale deed is executed and payment also made therein. but after two days of registration, it is realized to both the parties that amount mentioned in deed is incorrect. now what is the remedy?. can new sale deed be executed? can old sale deed be cancelled without going into litigation? pls consider and response.
23 April 2015
With the consent of the seller, you can make correction and register the corrected sale deed. Stamp duty has to be paid only for the increase in value of property.
23 April 2015
correct amount is less than the amount mentioned in the sale deed.
23 April 2015
No further stamp duty payable you can register the corrected sale deed.
23 April 2015
where it is written... can u pls refer some section, so that i may quote to the concerned person.
22 July 2025
Got it! Here’s a clear, legally sound answer with references you can quote:
---
### Issue:
* Sale deed executed & registered.
* Payment done as per deed.
* After registration, amount mentioned is found incorrect.
* Want to know: Can deed be corrected or canceled without litigation?
---
### Legal position & remedy:
1. **Correcting the Sale Deed Amount:**
* The parties can execute a **“Deed of Rectification”** or a **“Supplementary Deed”** to correct the mistake in the registered sale deed.
* This corrected deed needs to be registered **again** to make the correction legally valid.
2. **Stamp Duty Implication:**
* If the **corrected amount is lower** than the original amount mentioned in the sale deed, **no additional stamp duty** is payable.
* If the corrected amount is **higher**, then stamp duty difference must be paid.
3. **Cancellation of Registered Sale Deed:**
* Registered sale deeds cannot be canceled or revoked unilaterally without following proper legal procedures (usually through mutual consent, refund of consideration, and executing a cancellation deed registered again).
* Cancellation typically requires either mutual consent and execution of a cancellation deed or a suit in court.
---
### Statutory references you can quote:
* **Indian Registration Act, 1908**
* Section 47: Correcting or cancelling documents after registration
* The Act recognizes **rectification deeds** to correct clerical errors or genuine mistakes in registered documents.
* **Stamp Act (State-specific):**
* Usually provides that additional stamp duty is payable only if transaction value increases.
* **Case Law:**
* *R. P. Ravindra & Anr. vs. State of Karnataka* (2005) — Courts have recognized rectification deeds to correct errors without litigation.
---
### Sample note you can share with concerned person:
> “As per Section 47 of the Indian Registration Act, 1908, if an error is found in the registered sale deed, the parties can execute a rectification or supplementary deed to correct the mistake. This deed should be registered again for legal validity.
>
> Stamp duty is payable only on the additional value if the corrected amount is higher; otherwise, no extra stamp duty is due.
>
> Cancellation of the original sale deed without litigation is generally not possible, but rectification through a supplementary deed is the accepted remedy.”
---
If you want, I can help draft the exact wording for a rectification deed or a letter to authorities. Would you like that?
---
### Issue:
* Sale deed executed & registered.
* Payment done as per deed.
* After registration, amount mentioned is found incorrect.
* Want to know: Can deed be corrected or canceled without litigation?
---
### Legal position & remedy:
1. **Correcting the Sale Deed Amount:**
* The parties can execute a **“Deed of Rectification”** or a **“Supplementary Deed”** to correct the mistake in the registered sale deed.
* This corrected deed needs to be registered **again** to make the correction legally valid.
2. **Stamp Duty Implication:**
* If the **corrected amount is lower** than the original amount mentioned in the sale deed, **no additional stamp duty** is payable.
* If the corrected amount is **higher**, then stamp duty difference must be paid.
3. **Cancellation of Registered Sale Deed:**
* Registered sale deeds cannot be canceled or revoked unilaterally without following proper legal procedures (usually through mutual consent, refund of consideration, and executing a cancellation deed registered again).
* Cancellation typically requires either mutual consent and execution of a cancellation deed or a suit in court.
---
### Statutory references you can quote:
* **Indian Registration Act, 1908**
* Section 47: Correcting or cancelling documents after registration
* The Act recognizes **rectification deeds** to correct clerical errors or genuine mistakes in registered documents.
* **Stamp Act (State-specific):**
* Usually provides that additional stamp duty is payable only if transaction value increases.
* **Case Law:**
* *R. P. Ravindra & Anr. vs. State of Karnataka* (2005) — Courts have recognized rectification deeds to correct errors without litigation.
---
### Sample note you can share with concerned person:
> “As per Section 47 of the Indian Registration Act, 1908, if an error is found in the registered sale deed, the parties can execute a rectification or supplementary deed to correct the mistake. This deed should be registered again for legal validity.
>
> Stamp duty is payable only on the additional value if the corrected amount is higher; otherwise, no extra stamp duty is due.
>
> Cancellation of the original sale deed without litigation is generally not possible, but rectification through a supplementary deed is the accepted remedy.”
---
If you want, I can help draft the exact wording for a rectification deed or a letter to authorities. Would you like that?
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
OR add as source on Google news
- US CPA Course
- GST audit turnover threshold
- Rebate Under 87A Issue
- Balance sheet for ITR-3
- Stamp duty on acquisition
- Freelance Business code
- Gratuity not yet paid shown in form 16
- TDS/TCS Claimed and Refund received in previous year
- 54F disallowance taxed at what rate
- Misleading AIS data for increasing compliance
- Crumb Rubber
- Total Income Consideration for calculation of Surcharge
- HUF Gifts
- Need Help for US CPA
- Self assessment tax amount
- ITC Liability on Capital Goods on death of Proprietor (GTA)
- Subject: Clarification on Applicability of E-Invoicing and 30-Day Reporting Requirement under GST
- GOODS SENT TO INTERSTATE BRANCH FOR EXHIBITION ON DELIVERY CHALLAN & GOODS RETURN BACK
- TRUST QUERY INCOME APPLIED
- Credit from Office of Regional Provident Fund Commissioner
Trending Online Classes
-
Input Tax Credit, GST refunds and Recovery of refunds- Roadblocks and way outs
CA Nipun Arora03 September 2025 -
GST LIVE Certification Course - 43rd Weekdays Batch(With Govt Certificate)
Industry Expert15 September 2025
OR add as source on Google news
CAclubindia
