Bare Acts

PART IX OF THE DEPOSIT OF WILLS


42. Deposit of wills.—Any testator may, either personally or by duly authorised agent, deposit with
any Registrar his will in a sealed cover super scribed 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.
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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, or of section 81 of the Probate
and Administration Act, 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.

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