Saving of certain enactments and powers of Courts

Section 46 of the Registration Act, 1908 deals with saving of certain enactments and powers of Courts. 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. The Act came into force on 01 Jan 1909.

(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.

(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.

STATE AMENDMENTS

Karnataka

Amendment of section 46.--In sub-section (2) of section 46 of the principal Act--

(a) for the words "unless the will has been already copied", the words "unless a true copy of the will has already been filled" shall be substituted;

(b) for the words, letters and figure "cause the will to be copied into his Book No.3", the words, letters and figure "cause a true copy of the will to be made and filed in his Book No. 3" shall be substituted.

[Vide Karnataka Act 55 of 1976, s. 7]

Tripura

Amendment of Section 46.--In section (2) of section 46 of the principal Act,--

(a) For the words "unless the will has been already copied”, the words "unless a true copy of the will has been already pasted" shall be substituted; and

(b) For the words and figure "cause the will to be copied into his book No.3", the words and figure "cause a true copy of the will to be made and pasted in his Book No. 3" shall be substituted.

[Vide Tripura Act 7 of 1982, s. 5]

Kerala

Amendment of section 46.--In sub-section (2) of section 46 of the principal Act,--

(a) for the words "unless the will has been already copied", the words "unless a true copy of the will has already been filed" shall be substituted.

(b) for the words, letters and figure "cause the will to be copied into his Book No. 3", the words, letters and figure "cause a true copy of the will to be made and filed in his Book No. 3" shall be substituted.

[Vide kerala Act 7 of 1968, s. 6]

Orissa

Amendment of section 46.-- In the principal Act, in sub-section (2) of section 46,--

(a) for the words "unless the will has been already copied", the words " unless a true copy of the will has already been filed" shall be substituted; and

(b) for the words, letters and figure "cause the will to be copied in his Book No.3", the words, letters and figure "cause a true copy of the will to be made and filed in his Book No.3" shall be substituted.

[Vide Orissa Act 14 of 1989, s. 5]

Section 46, The Registration Act, 1908 (Act 16 of 1908).