Bare Acts · The Registration Act, 1908 · English Medium Bare Acts
Sec 42 to 46 Chapter IX (Of The Deposit Of Wills) The Registration Act, 1908
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42. Deposit of wills.—
Any testator may, either personally or by duly authorised agent, deposit with any Registrar his will in a sealed cover supercribed with the name of the testator and that of his agent (if any) and with a statement of the nature of the document.
43. Procedure on deposit of wills.—
(1) On receiving such cover, the Registrar, if satisfied that the person presenting the same for deposit is the testator or his agent, shall transcribe in his Register-book No. 5 the superscription aforesaid, and shall note in the same book and on the said cover the year, month, day and hour of such presentation and receipt, and the names of any persons who may testify to the identity of the testator or his agent, and any legible inscription which may be on the seal of the cover.
(2) The Registrar shall then place and retain the sealed cover in his fire-proof box.
44. Withdrawal of sealed cover deposited under section 42.—
If the testator who has deposited such cover wishes to withdraw it, he may apply, either personally or by duly authorised agent, to the Registrar who holds it in deposit, and such Registrar, if satisfied that the applicant is actually the testator or his agent, shall deliver the cover accordingly.
45. Proceedings on death of depositor.—
(1) If, on the death of a testator who has deposited a sealed cover under section 42, application be made to the Registrar who holds it in deposit to open the same, and if the Registrar is satisfied that the testator is dead, he shall, in the applicant's presence, open the cover, and, at the applicant's expense, cause the contents thereof to be copied into his Book No. 3.
(2) When such copy has been made, the Registrar shall re-deposit the original will.
STATE AMENDMENT
Karnataka
Amendment of section 45.—
in section 45 of the principal Act,--
(a) in sub-section (1), for the words, letters and figure "cause the contents thereof to be copied into his Book No. 3", the words, letters and figure "cause a true copy of the contents thereof to be made and filled in his Book No. 3" shall be substituted;
(b) in sub-section (2) for the words "copy has been made", the words "true copy has been filed" shall be substituted.
[Vide Karnataka Act 55 of 1976, s. 6]
Tripura
Amendment of Section 45.—
In section 45 of the principal Act,—
(a) In sub-section (1), for the words and figure “cause the contents thereof to be copied into his BookNo. 3”, the words and figure “cause a true copy of the contents thereof to be made and pasted in his Book No. 3” shall be substituted; and
(b) In sub-section (2), for the words “copy has been made”, the words “true copy has been pasted” shall be substituted.
[Vide Tripura Act 7 of 1982, s. 4]
Kerala
Amendment of section 45.-
In section 45 of the principal Act, --
(a) in sub-section (1), for the words, letters and figure “cause the contents thereof to be copied into his Book No. 3, the words, letters and figures “cause a true copy of the contents thereof to be made and filed in his Book No. 3” shall be substituted.
(b) in sub-section (2), for the words “copy has been made”, the words “true copy has been filed” shall be substituted.
[Vide kerala Act 7 of 1968, s. 5]
Orissa
Amendment of section 45.—
In the principal Act, in section 45,—
(a) in sub-section (1), for the words letters and figure “cause the contents thereof to be copied into his Book No. 3”, the words, letters and figure “cause a true copy of the contents there of to be made and filed in his Book No.3” shall be substituted; and
(b) in sub-section (2), for the words, “copy has been made”, the words “true copy has been filed” shall be substituted.
[Vide Orissa Act 14 of 1989, s. 4]
46. Saving of certain enactments and powers of Courts.—
(1) Nothing hereinbefore contained shall affect the provisions of section 259 of the Indian Succession Act, 1865 (10 of 1865), or of section 81 of the Probate and Administration Act, 1881 (5 of 1881), or the power of any Court by order to compel the production of any will.
(2) When any such order is made, the Registrar shall, unless the will has been already copied under section 45, open the cover and cause the will to be copied into his Book No. 3 and make a note on such copy that the original has been removed into Court in pursuance of the order aforesaid.
STATE AMENDMENT
Karnataka
Amendment of section 46.—
In sub-section (2) of section 46 of the principal Act--
(a) for the words "unless the will has been already copied", the words "unless a true copy of the will has already been filled" shall be substituted;
(b) for the words, letters and figure "cause the will to be copied into his Book No.3", the words, letters and figure "cause a true copy of the will to be made and filed in his Book No. 3" shall be substituted.
[Vide Karnataka Act 55 of 1976, s. 7]
Tripura
Amendment of Section 46.—
In section (2) of section 46 of the principal Act,--
(a) For the words “unless the will has been already copied”, the words “unless a true copy of the willhas been already pasted” shall be substituted; and
(b) For the words and figure “cause the will to be copied into his book No.3”, the words and figure “cause a true copy of the will to be made and pasted in his Book No. 3” shall be substituted.
[Vide Tripura Act 7 of 1982, s. 5]
Kerala
Amendment of section 46.-
In sub-section (2) of section 46 of the principal Act,--
(a) for the words “unless the will has been already copied”, the words “unless a true copy of the will has already been filed” shall be substituted.
(b) for the words, letters and figure “cause the will to be copied into his Book No. 3”, the words, letters and figure “cause a true copy of the will to be made and filed in his Book No. 3” shall be substituted.
[Vide kerala Act 7 of 1968, s. 6]
Orissa
Amendment of section 46.—
In the principal Act, in sub-section (2) of section 46,—
(a) for the words “unless the will has been already copied”, the words “ unless a true copy of the will has already been filed” shall be substituted; and
(b) for the words, letters and figure “cause the will to be copied in his Book No.3”, the words, letters and figure “cause a true copy of the will to be made and filed in his Book No.3” shall be substituted.
[Vide Orissa Act 14 of 1989, s. 5]