Registration Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 42 of Registration Act: Deposit of wills
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
Any testator may, either personally or by duly authorised agent, deposit with any Registrar his will in a sealed cover superscribed with the name of the testator and that of his agent (if any) and with a statement of the nature of the document.
Legal Commentary & Landmark Judgments: Section 42
Section 42 regulates the deposit of sealed wills with the Registrar for permanent confidential custody during the testator's lifetime.
Sealed Cover Deposit: Any testator may, either personally or by duly authorized agent, deposit with any Registrar the will in a sealed cover.
Superscription Mandate: Cover must be superscribed with the name of the testator, name of his agent (if any), and a statement of the nature of the document.
Official Custody: Registrar receives the sealed cover and deposits it in the fireproof safe of the registry.
Key Landmark Precedents:
Rani Purnima Debi v. Kumar Khagendra Narayan Deb, AIR 1962 SC 567: The Supreme Court recognized that deposit of a sealed will under Section 42 during the testator's lifetime is the strongest possible evidence dispelling suspicion of posthumous forgery.
H. Venkatachala Iyengar v. B.N. Thimmajamma, AIR 1959 SC 443: Noted that a will deposited under Section 42 enjoys a high presumption of authenticity.
Courtroom Practice & Strategic Litigation Guidance:
Depositing a sealed will under Section 42 ensures complete confidentiality during the testator's lifetime while preventing property rivals from tampering with the original document.
Legal Commentary & Landmark Judgments: Section 42
Section 42 regulates the deposit of sealed wills with the Registrar for permanent confidential custody during the testator's lifetime.
Depositing a sealed will under Section 42 ensures complete confidentiality during the testator's lifetime while preventing property rivals from tampering with the original document.