Sale deed registration

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manisha gupta (Querist)

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.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

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.

manisha gupta

manisha gupta (Querist)

23 April 2015 correct amount is less than the amount mentioned in the sale deed.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

23 April 2015 No further stamp duty payable you can register the corrected sale deed.

manisha gupta

manisha gupta (Querist)

23 April 2015 where it is written... can u pls refer some section, so that i may quote to the concerned person.

Aashok Kumar Sharma

Aashok Kumar Sharma

(Expert)

22 July 2025 Got it! Here’s a clear, legally sound answer with references you can quote:

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### 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?

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### 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.

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### 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.

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### 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.”

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If you want, I can help draft the exact wording for a rectification deed or a letter to authorities. Would you like that?

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