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The Registration Act, 1908

( ACT NO. XVI OF 1908 )

Deposit of wills
42. (1) Any testator may, either personally or by duly authorized agent, deposit with any Registrar his will in a sealed cover super scribed with the name of the testator and that of his agent (if any) and with a statement of the nature of the document.
 
 
(2) The testator shall also endorse on the cover the name and address of the person to whom the original document shall be delivered after registration thereof, after his death.
Procedure on deposit of wills
43. (1) On receiving such cover, the Registrar, if satisfied that the person presenting the same for deposit is the testator or his agent, shall transcribe in his Register-book No. 5 the superscription aforesaid, and shall note in the same book and on the said cover the year, month, day and hour of such presentation and receipt, and the names of any persons who may testify to the identity of the testator or his agent, and any legible inscription which may be on the seal of the cover.
 
 
(2) The Registrar shall then place and retain the sealed cover in his fire-proof box.
Withdrawal of sealed cover deposited under section 42
44. If the testator who has deposited such cover wishes to withdraw it, he may apply, either personally or by duly authorized agent, to the Registrar who holds it in deposit, and such Registrar, if satisfied that the applicant is actually the testator or his agent, shall deliver the cover accordingly.
Proceedings on death of depositor
45. (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, upon the cover, and, at the applicant's expense, cause the contents thereof to be copied in to his book No. 3 and then deliver the deposited will to the nominee of the testator or his representative.
 
 
(2) If, in respect of any will deposited no steps are taken by the testator or other person under section 44 or sub-section (1) of this section, the Registrar shall follow the procedure hereinafter provided for the disposal of such will or sealed cover.
Saving of certain enactments and powers of Courts
46. (1) Nothing hereinbefore contained shall affect the provisions of 1[the Succession Act, 1925,] or the power of any Court by order to compel the production of any will.
 
 
(2) When any such order is made, the Registrar shall, unless the will has been already copied under section 45, open the cover and cause the will to be copied in to his Book No. 3 and make a note on such copy that the original has been removed into Court in pursuance of the order aforesaid.
Destruction of Wills
2[46A. (1) Any will in deposit with a Registrar at the commencement of the Registration (Amendment) Ordinance, 1962, and any will thereafter deposited may be destroyed after following the procedure hereinafter provided, if the will is not registered before such destruction.
 
 
(2) Every registering officer shall on the first day of July in the year next after the commencement of the Registration (Amendment) Ordinance, 1962, and on the first day of July in every succeeding third year, send by post a notice to every depositor and his nominee, inquiring about the depositor's present address and shall enter on the cover and in his registers any new address supplied in response to such notice.
 
 
(3) If, as a result of such notice or in any other manner, the Registrar is satisfied that the testator has died, the Registrar shall, after making an entry in his books as to the death of the testator and the nature of the information on which he has acted, open the cover in the presence of a judicial officer (not below the rank of 3[* * *] [Assistant Judge]. He shall thereupon issue a notice to the executor, if any, and also to such other person or persons deriving any benefit under the will as the two officers may determine, informing them about the existence of the will and also that unless steps are taken within a period of six months therefrom for registration of the will the document shall be liable to be destroyed.
 
 
(4) Notwithstanding the expiry of the period specified in the notice, until the will is actually destroyed in accordance with the provision of the Destruction of Records Act, 1917, the registration of the same can be effected, at the request of the person entitled thereto, on payment of the proper charges.]

  • 1
    The words, commas and figure “the Succession Act, 1925,” were substituted, for the words, commas and figures “section 259 of the Indian Succession Act, 1865, or of section 81 of the Probate Administration Act, 1881,” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
  • 2
    The words “Civil Judge or” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 3
    The words "Assistant Judge" were substituted, for the words "MUnsif" by section 3 of the Civil Courts (Amendment) Act, 1987 (Act No. 14 of 1987).
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