Material alteration - Indian Laws - General

Meaning of word Material alteration In Halsbury s Laws of England, 4th Edition at page 552 para 1378 it is observed: A material alteration is one which varies the rights, liabilities, or legal position of the parties as ascertained by the deed in its original state, or otherwise varies the legal effect of the instrument as originally expressed, or reduces to certainty some provision which was originally unascertained and as such void, or which may otherwise prejudice the party bound by the deed as originally executed. The effect of making such an alteration without the consent of the party bound is exactly the same as that of cancelling the deed. In paragraph 1383 at page 555 it is observed: An alteration made in a deed, after its execution, in some particular which is not material does not in any way affect the validity of the deed; and this is equally the case whether the alteration was made by a stranger or by a party to the deed. Thus the date of a deed may well be filled in after execution; for a deed takes effect from the date of execution, and is quite good though it is undated. So, also, the names of the occupiers of land conveyed may be inserted in a deed after its execution, where the property assured was sufficiently ascertained without them. It appears that an alteration is not material which does not vary the legal effect of the deed in its original state, but merely expresses that which was implied by law in the deed as originally written, or which carries out the mention of the parties already apparent on the face of the deed, provided that the alteration does not otherwise prejudice the party liable under it. RAM KHILONA AND ORS. VERSUS SARDAR AND ORS.- 2002 (7) TMI 833 - SUPREME COURT