Will – Deposit of Wills under Section 42 of the Registration Act does not in any manner, affects the legality and validity of the Will in dispute and which is subject to comprehensive adjudication by the Civil Court and not by such summary proceedings before a Tribunal.

Mr. Akshay Kumar Goel, for the petitioner. Mr. Chetan Bansal, for the respondents.

Will –  Will deposited in the office of the Deputy Commissioner under Section 42 of the Registration Act, 1908 –  Not clear as to the nature of the Will and if it was registered or unregistered –  The deposit of such Wills under Section 42 of the Registration Act, 1908 comes under Part IX of this Act – Section 43 prescribes with the procedure for deposit of Wills and furthermore is the manner of withdrawal of sealed cover deposited under Section 42 and proceedings on death of depositors, however, such an act does not in any manner, affects the legality and validity of the Will in dispute and which is subject to comprehensive adjudication by the Civil Court and not by such summary proceedings before a Tribunal – Registration Act, 1908 (16 of 1908), Section 42.

2022 PLRonline 4754

SUKHWINDER KAUR v. GURNEET KAUR,(2022-1)205 PLR 436 , 2022 PLRonline 4754