A executes a will of his all moveable and immovable property in favour of B, his grandson. He wants to register the will. Advise A regarding the presentment for its registration and deposit of will with reference to the
CS Executive · Economic and Commercial Laws · PYQS · December 2020
A executes a will of his all moveable and immovable property in favour of B, his grandson. He wants to register the will. Advise A regarding the presentment for its registration and deposit of will with reference to the provisions of the Registration Act, 1908.
Answer & Explanation:
Who is entitled to present Wills and authorises to adopt According to Section 40 of the Registration Act, 1908 the testator, or after his death, any person claiming as executor or otherwise under a will, may present it to any Registrar or Sub-Registrar for registration. In case of authority for adoption, the donor or (after his death) the donee, or any authority to adopt, or the adoptive son, may present it to any Registrar or Sub-Registrar for registration. Registration of will and authority to adopt A will, or an authority to adopt, if presented by the testator or the donor, may be registered in the same manner as any other document. [Section 41(1)] If presented by any other person entitled to present it, it shall be registered if the registering officer is satisfied about the particulars mentioned in Section 41(2). Deposit of will Any testator may, either personally or by duly authorised agent, deposit with any Registrar his will in a sealed cover superscribed with the name of the testator and that of his agent, if any, and with a statement of the nature of the document. On receiving such documents, the Registrar on being satisfied shall transcribe in his Registrar Book No. 5, the superscription and shall note the date, time, month, etc. of such receipt and shall then place and retain the sealed cover in his fire-proof box. However, the testator may withdraw it by applying for the same and the Registrar shall deliver it accordingly. (Sections 42 to 46).
Topics: Registration Act
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