Section 42: Deposit of wills

Registration Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908

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.