Section 43: Procedure on deposit of wills

Registration Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908

Legal Commentary & Landmark Judgments: Section 43

Section 43 regulates the procedure followed by the Registrar upon receiving a sealed will deposited under Section 42.

  • Entry in Book 5: On receiving such cover, the Registrar shall transcribe in his Register-book No. 5 the superscription thereon.
  • Record of Particulars: Notes the day and hour of presentation, the name of the depositor, names of witnesses, and the condition of the seal.
  • Fireproof Safe Storage: The Registrar shall then place and retain the sealed cover in his fireproof box until opened under Section 45.
Key Landmark Precedents:
  • Satya Pal Anand v. State of M.P., (2016) 10 SCC 767: The Supreme Court highlighted that the precise statutory recording of deposits under Section 43 creates an unassailable public paper trail.
  • Gurbax Singh v. Kartar Singh, (2002) 2 SCC 611: Affirmed that entries in official registry books maintained under Section 43 carry a presumption of regularity under Section 114 Indian Evidence Act.
Courtroom Practice & Strategic Litigation Guidance:

Obtain an official receipt of deposit from the Registrar containing the Book 5 entry number to preserve proof of the Section 43 deposit.