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Section 27: Wills may be presented or deposited at any time

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Act 1908
Section 26 All 93 Sections of Registration Act Section 28

Legal Commentary & Landmark Judgments: Section 27

Section 27 establishes that a will may at any time be presented for registration or deposited in the manner provided under Part VIII, exempting wills entirely from statutory time limits.

  • No Limitation for Wills: A will may at any time be presented for registration or deposited in the manner provided in the Act.
  • Exemption from Four-Month Rule: Sections 23 and 24 time restrictions do not apply to testamentary instruments; a will can be registered during the lifetime of the testator or after their demise.
  • Optional Registration Status: Registration of a will remains optional under Section 18(e); non-registration does not affect its statutory validity under the Indian Succession Act, 1925.
Key Landmark Precedents:
  • Rani Purnima Debi v. Kumar Khagendra Narayan Deb, AIR 1962 SC 567: The Supreme Court affirmed that a will can be presented for registration at any time under Section 27, though registration after a long unexplained delay may be a suspicious circumstance to be dispelled.
  • H. Venkatachala Iyengar v. B.N. Thimmajamma, AIR 1959 SC 443: The Constitution Bench settled the principles of proving a will, noting that while registration under Section 27 is not mandatory, registered wills carry a strong presumption of genuine execution.
Courtroom Practice & Strategic Litigation Guidance:

Although Section 27 allows a will to be registered at any time, registering the will during the testator's lifetime eliminates most posthumous challenges regarding testamentary capacity or coercion.

Section 26 All 93 Sections of Registration Act Section 28