Saving of certain enactments and powers of Courts
(1)
Nothing hereinbefore contained shall affect the provisions of section 259 of the Indian Succession Act, 1865 (10 of 1865), or of section 81 of the Probate and Administration Act, 1881 (5 of 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 (4 · Karnataka, Tripura, Kerala, Orissa)
These are amendments made by State legislatures to this section as it applies in that State. The central text above remains the base law; verify the current local text against the State gazette.
Karnataka[Vide Karnataka Act 55 of 1976, s. 7]
(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.
Tripura[Vide Tripura Act 7 of 1982, s. 5]
(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.
Kerala[Vide kerala Act 7 of 1968, s. 6]
(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.
Orissa