Deposit of Wills under Sections 42 to 46 of the Registration Act, 1908: The Sealed Cover, Book 5, Withdrawal, Proceedings on the Testator's Death, and Deposit Compared with Registration

A testator who wants his will kept safe but not read has a second option besides registration. Sections 42 to 46 let him deposit it with any Registrar in a sealed cover, superscribed with his name and the nature of the document. Nothing inside is copied or disclosed. The Registrar records the superscription in Book 5, keeps the cover in his fire-proof box, and returns it if the testator asks. Only after death is the cover opened, the contents copied into Book 3, and the original re-deposited. Section 46 saves the probate enactments and the power of any court to compel production of a will.

The four stages of deposit, what Section 46 saves, and deposit compared with registration

1. The Deposit: Sections 42 and 43

Sections 42 and 43, Registration Act, 1908, in substance

42. 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.

43. (1) On receiving such cover, the Registrar, if satisfied that the person presenting it is the testator or his agent, shall transcribe in his Book 5 the superscription, and shall note in that book and on the cover the year, month, day and hour of presentation and receipt, the names of any persons who testify to the identity of the testator or his agent, and any legible inscription on the seal of the cover.

(2) The Registrar shall then place and retain the sealed cover in his fire-proof box.

Any Registrar. There is no territorial restriction, as there is under Section 28 for documents affecting immovable property.
A Registrar, not a Sub-Registrar. Deposit is made with the Registrar of the district.
Only the outside is recorded. What goes into Book 5 is the superscription and the particulars of receipt, never the contents.
The nature of the document must be stated on the cover, so that the record shows that a will was deposited without disclosing its terms.

2. Withdrawal and Death: Sections 44 and 45

Withdrawal, Section 44. The testator who deposited the cover may apply, personally or by duly authorised agent, to the Registrar holding it, and the Registrar, if satisfied that the applicant is the testator or his agent, delivers the cover accordingly. No reason need be given, which matches the revocable character of a will.
On death, Section 45. If application is made to open the cover, and the Registrar is satisfied that the testator is dead, he opens it in the applicant's presence.
The contents are then copied into Book 3, the register of wills, at the applicant's expense.
The original is re-deposited. Section 45(2) requires the Registrar to re-deposit the original will after the copy is made, so the document itself remains in official custody.

3. What Section 46 Saves

Section 46 provides that nothing in these sections affects the provisions of the succession and probate enactments named in it, or the power of any court by order to compel the production of any will. Where such an order is made, the Registrar must, unless the will has already been copied, cause it to be copied and the copy filed in his office, and then deliver the original in compliance with the order. The deposit facility therefore gives confidentiality against the world, but not against the court.

4. Deposit Compared with Registration

	Deposit, ss. 42 to 46	Registration, ss. 40 and 41
What is recorded	Only the superscription and particulars of receipt, in Book 5	The whole will, copied into Book 3
Confidentiality	Complete during the testator's lifetime: the cover stays sealed	The text is in the register, though Section 57(2) restricts inspection of Book 3 during the testator's lifetime
Who may deal with it	Only the testator or his agent may withdraw it	Presentation after death by an executor or person claiming under the will
On death	Opened on application, copied into Book 3, original re-deposited	Already registered; a certified copy may be obtained
Effect on proof	None: the will must still be proved	None: the same

5. Deposit and Probate

They answer different needs. Deposit is about custody and secrecy during the testator's lifetime. Probate is the court's grant establishing the will after death and authorising the executor to administer the estate.
Deposit proves nothing. The propounder must still prove due execution and attestation, and dispel any suspicious circumstances.
Section 213 of the Indian Succession Act continues to apply where it does, so probate or letters of administration may be necessary whether the will was deposited, registered or neither.
The practical advantage of deposit is that the original is in a fire-proof box in official custody, with a recorded date, which answers the two commonest attacks on a will: that it was fabricated later, and that the original cannot be found.

6. The Position Stated Shortly

Section 42: a testator may deposit his will with any Registrar in a sealed cover, superscribed with his name and the nature of the document.
Section 43: the Registrar transcribes the superscription in Book 5, notes the particulars of receipt, and keeps the cover in his fire-proof box.
Section 44: the testator, or his agent, may withdraw the cover at any time.
Section 45: on the testator's death and on application, the Registrar opens the cover, copies the contents into Book 3, and re-deposits the original.
Section 46 saves the probate enactments and the power of any court to compel production of a will.
Deposit gives confidentiality and custody; registration gives a public copy.
Neither proves the will, and neither dispenses with probate where it is required.