506 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
- The question what constitutes a material alteration within the meaning of the rule has given rise to some difference of opinion.
10 C. W. N. 788 (of Mukerji J.)
Any change in an instrument which causes it to speak a different language in legal effect from that which it originally spoke, which changes the legal identity or character of the instrument either in its terms or the relation of the parties to it, is a material change, or technically, an alteration, and such a change will invalidate the instrument against all parties not consenting to the change.
An addition of a party to a contract constitutes a material alteration.
§ IMPORTANCE OF THE THREE FORMALITIES
The absence of any of three formalities is fatal to the validity of the transaction. The word is only.
Not only the formalities must exist but they must be valid, i. e., in accordance with law.
Not only must there be signature but the signature must be valid.
Not only must there be attestation but the attestation must be valid. If attestation is invalid, the deed cannot operate as a mortgage—e.g. attestation without the presence or acknowledgement by the executor.
Not only must there be registration but the registration must be valid. Thus
(i) If the property is so incorrectly described that it cannot be identified— 18 Cal. 556
4.B.
(ii) When the deed is registered in a circle in which the property is not situate.
29 Cal 654.
(iii) Where the deed is not presented for registration by the proper person the mortgage is invalid.
58 I. A. 58
Two other questions have to be considered in connection with the subject-matter of Formalities.