Registration Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 45 of Registration Act: Proceedings on death of depositor
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
(1)If, on the death of a testator who has deposited a sealed cover under section 42, application be made to the Registrar who holds it by any person claiming to be interested under the will, and if the Registraris satisfied that the testator is dead, he shall, in the applicant's presence, open the cover, and, at the applicant's expense, cause the contents thereof to be copied into his Book No. 3.
(2)When such copy has been made, the Registrar shall re-deposit the original will.
Legal Commentary & Landmark Judgments: Section 45
Section 45 governs the opening of a deposited sealed will upon the death of the testator and its transcription into Book 3.
Application Post-Death: If on the death of a testator who has deposited a sealed cover, application be made by any person interested.
Opening of Cover: The Registrar, on being satisfied of the death of the testator, shall open the cover in the presence of the person making the application.
Transcription in Book 3: The Registrar causes the contents of the will to be copied into Book No. 3 at the applicant's expense.
Preservation of Original: After copying, the original will is placed in the safe custody of the registry unless summoned by a competent probate court.
Key Landmark Precedents:
Rani Purnima Debi v. Kumar Khagendra Narayan Deb, AIR 1962 SC 567: The Supreme Court held that opening a sealed will under Section 45 following proof of death creates primary evidence for obtaining probate or letters of administration in civil court.
H. Venkatachala Iyengar v. B.N. Thimmajamma, AIR 1959 SC 443: Affirmed the high probative value of wills opened and transcribed under Section 45.
Courtroom Practice & Strategic Litigation Guidance:
To open a deposited will under Section 45, submit an application to the District Registrar accompanied by the certified death certificate, proof of your interest as heir or executor, and the prescribed transcription fee.
Legal Commentary & Landmark Judgments: Section 45
Section 45 governs the opening of a deposited sealed will upon the death of the testator and its transcription into Book 3.
To open a deposited will under Section 45, submit an application to the District Registrar accompanied by the certified death certificate, proof of your interest as heir or executor, and the prescribed transcription fee.