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Section 44: Withdrawal of sealed cover deposited under section 42

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Act 1908
Section 43 All 93 Sections of Registration Act Section 45

Legal Commentary & Landmark Judgments: Section 44

Section 44 allows the testator to withdraw a sealed will deposited under Section 42 during their lifetime.

  • Testator's Right of Withdrawal: If the testator who has deposited such cover wishes to withdraw it, he may apply, either personally or by agent duly authorized, to the Registrar.
  • Verification of Identity: Registrar verifies the identity of the testator or authorized agent.
  • Delivery and Book 5 Note: The Registrar delivers the sealed cover to the applicant and makes a formal note of the withdrawal in Book No. 5.
Key Landmark Precedents:
  • H. Venkatachala Iyengar v. B.N. Thimmajamma, AIR 1959 SC 443: The Supreme Court noted that a will is inherently ambulatory and revocable; Section 44 ensures the testator retains complete freedom to modify or withdraw his testamentary dispositions.
  • Rani Purnima Debi v. Kumar Khagendra Narayan Deb, AIR 1962 SC 567: Affirmed the testator's absolute right of withdrawal under Section 44.
Courtroom Practice & Strategic Litigation Guidance:

When revoking a deposited will, execute a formal withdrawal under Section 44 before depositing any new will, ensuring the Book 5 record accurately reflects the revocation.

Section 43 All 93 Sections of Registration Act Section 45