Registration Act, 1908 — section 46

46. Saving of certain enactments and powers of Courts..—(1) Nothing hereinbefore contained shall affect the provisions of section 3[294 of the Succession Act, 1925 (XXXIX of 1925)], 4 * * *or the power of any Court by order to compel the production of any wil1.

(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 into 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. 5[46A.Destruction of wills.—(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 a Civil Judge or Munsif). 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 provisions of the destruction of Records Act, 1917 (V of 1917), the registration of the same can be effected, at the request of the person entitled thereto, on payment, of the proper charges.] 1 Added by the Registration (Amdt.) Ordinance, 1962 (45 of 1962), s. 11. 2 Subs. ibid, for the original sub-section (2). 3 Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981, (27 of 1981), s. 3 and Second Sch., for “259 of the Indian Succession Act, 1865”. 4 The words “of section 81 of the Probate and Administration Act, 1881,” omitted ibid., s.2 and Second Sch. 5 Section 46A, ins. by the Registration (Amdt.) Ordinance, 1962 (45 of 1962), s. 12. PART X OF THE EFFECTS OF REGISTRATION AND NON-REGISTRATION