72. Presentation after the death of the testator or donor.
(1)A will or an authority to adopt presented for registration after the death of the testator may be accepted. The Registering Officer shall fix a day for the enquiry contemplated by Section 41(2) of the Act and shall cause notice of the enquiry (a) to be served on the persons to whom in his opinion special notice should be given, (b) to be posted in a conspicuous part of the registration office and (c) to be published by posting and beat of drums, if possible, in the village or villages where (i) the testator or donor lived (ii) the property of the deceased is situated and (iii) any interested parties may reside.(2)If the prosecutant of the document or a person who objects to the registration of the document in question, desires that witnesses should be summoned and examined the request shall be complied with and the procedure prescribed in Part XIII of the registration rules should be followed.(3)As each person is examined his signature and additions shall be obtained on the document in Form No. 10(a) of Appendix-II below the endorsement of presentation (Form No. 2 of Appendix (II).(4)If after the conclusion of the examination of the witnesses the Registering Officer should decide to register the document, he shall record on endorsement in Form No. 10 (b) of Appendix II.(5)Should the Registering Officer decide to refuse registration the usual endorsement of refusal shall be entered on the document.(6)The cost of the service of the notices and of its publication including the charges for beating drums shall be levied in advance from the person who presents the document for registration.Note - (1) The day-to-day entry should be made in the minute book giving only a bare recital of important facts.(2)In an enquiry connected with a Will or authority to adopt under Section 41 (2) of the Act, person not qualified under the Legal Practitioner's Act shall not be allowed to appear.
