Proceedings on death of depositor

(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 in deposit to open the same, and if the Registrar is 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.

State amendments (4 · Karnataka, Tripura, Kerala, Orissa)

These are amendments made by State legislatures to this section as it applies in that State. The central text above remains the base law; verify the current local text against the State gazette.

Karnataka[Vide Karnataka Act 55 of 1976, s. 6]

Amendment of section 45.—in section 45 of the principal Act,-- (a) in sub-section (1), for the words, letters and figure "cause the contents thereof to be copied into his Book No. 3", the words, letters and figure "cause a true copy of the contents thereof to be made and filled in his Book No. 3" shall be substituted;

(b)

in sub-section (2) for the words "copy has been made", the words "true copy has been filed" shall be substituted.

Tripura[Vide Tripura Act 7 of 1982, s. 4]

Amendment of Section 45.—In section 45 of the principal Act,—

(a)

In sub-section (1), for the words and figure “cause the contents thereof to be copied into his Book No. 3”, the words and figure “cause a true copy of the contents thereof to be made and pasted in his Book No. 3” shall be substituted; and

(b)

In sub-section (2), for the words “copy has been made”, the words “true copy has been pasted” shall be substituted.

Kerala[Vide kerala Act 7 of 1968, s. 5]

Amendment of section 45.-In section 45 of the principal Act, -- (a) in sub-section (1), for the words, letters and figure “cause the contents thereof to be copied into his Book No. 3, the words, letters and figures “cause a true copy of the contents thereof to be made and filed in his Book No. 3” shall be substituted.

(b)

in sub-section (2), for the words “copy has been made”, the words “true copy has been filed” shall be substituted.

Orissa