Sections 42 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
A will can be registered, and it can also be deposited. Part IX of the Act lets a testator hand over his will to a Registrar in a sealed cover for safe keeping, and sets out how the cover is received, withdrawn, opened after death and produced to a Court. Sections 40 and 41 (presenting and registering wills) already have their own post, linked below. This article reads sections 42 to 46 as per the text of the Act consulted. For a will that has to be kept safe and found when needed, a legal consultation can help you decide between registration and deposit.
A testator may, personally or by duly authorised agent, deposit his will with any Registrar in a sealed cover marked with the testator's name, his agent's name (if any) and the nature of the document (s.42). The Registrar records it in Register-book No. 5 and keeps the cover in his fire-proof box (s.43). The testator may withdraw it (s.44). After his death, the Registrar opens the cover in the applicant's presence and has the will copied into Book 3, then re-deposits the original (s.45). Courts may compel production (s.46).
Registration and deposit are different
Sections 40 and 41 deal with presenting a will for registration; our post on registration of wills under sections 40 and 41 explains that route. Sections 42 to 46 are about deposit: the will stays in a sealed cover and is not copied into the register until after the testator's death. Section 27 allows a will to be presented for registration or deposited at any time; see our article on sections 24, 26 and 27. For the practical side of making and registering a will, see how to register a will.
Section 42: who may deposit and how
"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."
- The depositor is the testator, personally or through a duly authorised agent.
- The depositary is any Registrar. Notice the word "any": it is not limited to the Registrar of the testator's own district.
- The cover must be sealed and superscribed with the testator's name, the agent's name if any, and a statement of the nature of the document.
Section 43: procedure on deposit
Sub-section (1). On receiving the 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;
- note in the same book and on the cover the year, month, day and hour of presentation and receipt;
- note the names of any persons who may testify to the identity of the testator or his agent; and
- note any legible inscription on the seal of the cover.
Sub-section (2). The Registrar "shall then place and retain the sealed cover in his fire-proof box". Book 5, the "Register of deposits of wills", is kept in the offices of Registrars under section 51, covered in our article on sections 51 and 52. The fire-proof box is supplied under section 16(3); see our article on section 16 and 16A.
Section 44: withdrawal
If the testator who has deposited a cover wishes to withdraw it, he may apply, personally or by duly authorised agent, to the Registrar who holds it. The Registrar, "if satisfied that the applicant is actually the testator or his agent, shall deliver the cover accordingly." Again the test is identity: the Registrar must be satisfied that the applicant is the testator or his agent.
Section 45: on the testator's death
Sub-section (1). If, on the death of a testator who has deposited a sealed cover, application is made to the Registrar who holds it to open it, and the Registrar is satisfied that the testator is dead, he shall, "in the applicants presence, open the cover, and at the applicants expense, cause the contents thereof to be copied into his Book 3." The copy goes into Book 3, the register of wills and authorities to adopt.
Sub-section (2). When the copy is made, the Registrar "shall re-deposit the original will". So the original goes back into deposit, and the copy in Book 3 is the working record.
The section does not say who may apply to open the cover; it says "application be made". The copy is silent on that, so check the State's practice. The cost of copying is borne by the applicant ("at the applicants expense"); the Act gives no figure.
Section 46: saving of certain enactments and powers of Courts
Sub-section (1). "Nothing hereinbefore contained shall affect the provisions of section 259 of the Indian Succession Act, 1865, or of section 81 of the Probate and Administration Act, 1881, or the power of any Court by order to compel the production of any will." These references are printed as they appear in the copy; we do not explain those Acts. Check the current law for the corresponding provisions.
Sub-section (2). When such an 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 3, and make a note on the copy that the original has been removed into Court in pursuance of the order.
Step table
| Stage | Section | Who | Key step |
|---|---|---|---|
| Deposit | 42 | Testator or authorised agent | Sealed cover with names and nature of the document, handed to any Registrar |
| Recording | 43 | Registrar | Transcribe in Register-book No. 5, note date and hour, identifying persons and seal inscription; keep in fire-proof box |
| Withdrawal | 44 | Testator or agent | Registrar delivers the cover if satisfied of identity |
| After death | 45 | Applicant and Registrar | Cover opened in applicant's presence; copied into Book 3 at applicant's expense; original re-deposited |
| Court order | 46 | Court and Registrar | Registrar copies into Book 3 unless already copied and notes removal into Court |
A practical example
Dr. Hameed writes a will and wants it kept safely until needed. He deposits it in a sealed cover, marked with his name and a statement that it is his will, with a Registrar. The Registrar records the deposit in Book 5. Years later, after Dr. Hameed's death, his son applies to the Registrar to open it. Once satisfied of the death, the Registrar opens the cover in the son's presence and has the will copied into Book 3 at the son's expense, then re-deposits the original.
Need help deciding how to keep your will safe?
Whether to register a will, deposit it, or both, depends on your family and your State's practice. Our legal consultation team can walk you through the choice. State amendments and rules, fees and later amendments should be checked.
Key takeaways
- Section 42: the testator, personally or by authorised agent, may deposit a sealed will with any Registrar.
- Section 43: the Registrar records it in Register-book No. 5 and keeps it in his fire-proof box.
- Section 44: the testator may withdraw it on satisfying the Registrar of identity.
- Section 45: after death, the cover is opened in the applicant's presence, copied into Book 3 at his expense, and the original is re-deposited.
- Section 46: the Registrar copies and notes the removal if a Court orders production; other enactments cited in the section are saved.
Read next
- Section 48 of the Registration Act, 1908: registered document against oral agreement
- Sections 36 to 39 of the Registration Act, 1908: summons and persons exempt from appearance
- Registration of Wills -- Section 40-41
- How to Register a Will
Disclaimer: Based on a print of the Registration Act, 1908 marked as last updated on 9 July 2020, as consulted on 2 October 2026. State amendments and rules, later amendments, registration fees and stamp duty are not covered and should be checked. This article is general information, not legal advice; check the official text before acting.