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[Section Index]

The Registration Act, 1908

( ACT NO. XVI OF 1908 )

Destruction of Wills
1[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 2[* * *] [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 “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).
  • 2
    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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