Section 348 in Goa Succession, Special Notaries and Inventory Proceeding Act, 2012
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.
