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of the testator can be gathered from the remaining part of the will. The same procedure
shall be followed as regards words inserted without being initialed, notwithstanding that
they may result in alteration of the meaning of the text.
(viii) absence of the signature of the Special Notary.
(2) Where a disposition is made in favour of the witnesses, certifiers or interpreters who
have intervened in public wills or in the record of approval of sealed wills, only such
disposition shall be void.
(3) Any act performed by the Special Notary contrary to section 317 shall be void.
However, public wills and records of approval of closed wills shall be excluded therefrom;
in such cases, of nullity shall be restricted to dispositions made in favour of persons referred
to in section 317.
CHAPTER XXVIII
VALIDATION OF NOTARIAL ACTS
348. Validation of Notarial acts.— Notarial acts which are null on the grounds
mentioned in clauses (iii), (iv) and (vi) of sub-section (1) of section 347 and which have not
been initialed by the parties, may be validated by the competent court in a suit instituted for
the said purpose by an interested party against the other interested parties and the Special
Notary, on the following terms:-
(a) when in the circumstances mentioned in clause (iii) of sub-section (1) of section 347,
it is proved that respectable persons are required by law were present;
(b when in the circumstances mentioned in clause (iv) of sub-section (1) of section 347
the identity of the party to the instrument is proved;
(c) When in the circumstances mentioned in clause (vii) of sub-section (1) of section
347, it is proved that the deed was written in his hand by the Special Notary or by the
Joint Special Notary in terms of section 324 and 325 and a certified true copy, signed by
the Special Notary or by the Joint Special Notary is issued:
Provided that:
(i) Public wills or record of approval of closed wills where a mention as to the formal
requirement set out in the body of this section is made, may be validated when in the
respective suit it is proved that the above requirements had been complied with;
(ii) The decree validating the documents shall be endorsed in the respective deed on
application of the parties or by the Special Notary suo motu;
(iii) Notwithstanding such validation, the Special Notary shall be liable for the losses
caused and shall also be liable to disciplinary proceedings and the damages which he is
liable to pay, may be determined in the above mentioned suit.
CHAPTER XXIX