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331. When the testator is deaf.— When the testator is entirely deaf but knows to read, he shall read his will, and, when he does not know to read, he shall appoint a person to read the will on his behalf, and in either case, in the presence of two witnesses. The person appointed shall intervene in the instrument. 332. Formalities to be complied without break.—All the formalities in drawing a will shall be complied with without interruption in the presence of two witnesses and the Special Notary shall state faithfully the manner in which the formalities were complied with. CHAPTER XXII PRINTED OPEN WILL 333. Printed open will.— (1) (a) A testator who knows to read, may opt to present to the Special Notary a computer generated printout of the operative part of his will on a standard paper of the size 29.7 cms x 21 cms entitled ‘open will’ and declare before the Special Notary that the printout contains his last wish in the presence of two credit worthy witnesses, who shall identity the testator, and certify that the testator is in his perfect senses and free from coercion. (b) The will shall be printed in double line spacing on one side of the paper only leaving a margin of 5 cm. on left side, 3 cms on top and the bottom and one cm on the right side of the paper. The print shall be continuous without break between words and numbers shall be written in words (c) After the title, the testator shall set out his full name, occupation, marital status and description which shall contain the names of both the parents, his age and place of residence. (d) All the open wills brought before the Notary, until they are preserved in a form of a bound book, as provided in sub-section (7), shall be maintained in a provisional file. In the same file, all the wills so presented shall be kept as per the serial order of its presentation and their pages numbered serially. (2) In the presence of the said witnesses, the Special Notary shall verify from the testator whether the will presented by him expresses his last wish according to his intention and whether the testator is in his perfect senses and free from coercion.. The Special Notary shall, thereupon, record on the will the continuous numbers of the pages which it bears in the file maintained for preserving open wills. Every page shall be signed by the testator, and the two witnesses to the will just above the first line and below the last line in the presence of the Special Notary. The Special Notary shall then make a record thereof immediately next to the signatures on the last page of the will and it shall continue without interruption on the same page and on the subsequent pages.
(3) The record to be made by the Special Notary in the presence of the testator and the witnesses shall the contain the following:- (a) that the will was presented by the testator in person and that the testator declared that it was his last wish; (b) that all the pages of the will were signed by the testator and the witnesses in his presence; (c) state the number of pages the will contains; (d) make mention to any blot, interlineations, correction or marginal note in the will; (e) that the testator was identified by witnesses; (f) that the testator was in his perfect senses and wholly free from coercion; (g) the number which the pages will bear in the file containing open will. (4) The Special Notary shall read aloud in the presence of the witnesses the will presented by the testator and the record made, and after specifying the place, date month and year the record shall be signed by the testator, the witnesses and the Special Notary. (5) The Special Notary shall then affix a passport size photograph of the testator, supplied by the testator, just below the record made by the Special Notary and he shall also sign across the photograph and certify that the photograph is of the testator immediately after all the formalities are completed, the Special Notary shall issue a certified photostat copy of the will with the record made by him, to the testator and then shall file the will in the file maintained for the purpose. (6) The Special Notary shall enter the particulars as provided in sub-section (2) above and of the date of the open will in a book maintained for the purpose. (7) At the end of every 200 sheets, the District Judge of the concerned district shall initial all the pages of the wills contained in the file and ensure that the sheets are bound in a book. (8) The Special Notary shall reject the printed open will presented by the testator if the said will is not written in the language of the court or in a language commonly known in the district or is written in a language not known to the Special Notary. In this event, the testator may request the Special Notary to draw a public will. CHAPTER XXIII CLOSED WILL
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LEGISLATIVE ASSEMBLY OF THE STATE O
Page 3 and 4:
ACCEPTANCE AND RENUNCIATION OF THE
Page 5 and 6:
CHAPTER IX PREFERENTIAL RIGHT OF TH
Page 7 and 8:
Section 161. Manner and place of de
Page 9 and 10:
Section 239. Failure to present the
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BOOKS, INDICES AND FIRE PROOF BOXES
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CIVIL LIABILITY OF THE SPECIAL NOTA
Page 15 and 16:
Section 401. When co-heirs are call
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Section 456. Fixation of the amount
Page 19 and 20:
(f) “estate leaver” means the p
Page 21 and 22:
5. Types of successors: Heirs and l
Page 23 and 24: (3) Upon conviction as provided in
Page 25 and 26: 26. Acceptance or renunciation by o
Page 27 and 28: (c) more than half of the inheritan
Page 29 and 30: (2) Where the usufruct is in respec
Page 31 and 32: 63. Right of representation.—The
Page 33 and 34: spouse irrespective of their matrim
Page 35 and 36: (2) The value of the gifted assets
Page 37 and 38: inheritance, the excess shall be re
Page 39 and 40: legatees, unless the testator has i
Page 41 and 42: 128. Brothers or sisters generally
Page 43 and 44: (2) If a debt is to fall due only a
Page 45 and 46: 159. Legacy of periodic sums.— Wh
Page 47 and 48: 174. Right to legacy.— The legate
Page 49 and 50: 189. Disinheritance. —The forced
Page 51 and 52: (2) The intestate heir forfeits his
Page 53 and 54: 219. Restrictions on disposition of
Page 55 and 56: has agreed with the person who is i
Page 57 and 58: (c) the other heirs, who are not -u
Page 59 and 60: 262. Where the executor declines to
Page 61 and 62: (2) However, it shall always be law
Page 63 and 64: 286. Sham sale.— (1) A sale, whet
Page 65 and 66: SPECIAL NOTARIES CHAPTER XVI ESTABL
Page 67 and 68: 308. Obligation of the State to pro
Page 69 and 70: (2) All copies given under this sec
Page 71 and 72: 323. Who may be witnesses identifie
Page 73: affixed and in the absence of the r
Page 77 and 78: 337. Delivery of the closed will.
Page 79 and 80: interested party shall also declare
Page 81 and 82: of the testator can be gathered fro
Page 83 and 84: CHAPTER XXX CERTIFIED COPIES 352. W
Page 85 and 86: shall be punishable with imprisonme
Page 87 and 88: (3) Where, after allotment or after
Page 89 and 90: epresentative of the person under d
Page 91 and 92: (c) The head of the family shall be
Page 93 and 94: (2)Copies of the list of assets and
Page 95 and 96: (2) The court shall, after recordin
Page 97 and 98: 397. Sale of share in the undivided
Page 99 and 100: (3) Where an objection has been rai
Page 101 and 102: (3) Where the respective creditor w
Page 103 and 104: (2) The members of the family counc
Page 105 and 106: (4) Where the debts have been appro
Page 107 and 108: present. If none of the above condi
Page 109 and 110: 434. Procedure for second valuation
Page 111 and 112: 438. Preliminary chart.— (1) Wher
Page 113 and 114: duty is produced. The order confirm
Page 115 and 116: (b) When a new document is produced
Page 117 and 118: 454. Cause Title.— (1) The cause
Page 119 and 120: Statement of Objects and Reasons Th
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