rock star 15 October 2026
T. Kalaiselvan, Advocate (Advocate) 15 October 2026
Under Section 57(2) of the Registration Act, 1908, details of Wills are kept confidential in Book 3 (Register of Wills) during the testator’s lifetime. After death, entries in Book 3 become accessible to third parties upon proof of death.
Submit a Manual Search Application for search/inspection of Book 3 under Section 57.. Attach certified copy of the original Death Certificate and also the requisite fee. A search in Book 3 must be conducted manually by the Registering Officer unlioke online ECs for title search.
Do not wait for the other side. File a memo in both courts stating that the petitioner died on 21 February 2026, and attach the death certificate.
If no substitution application is filed by their LRs within 90 days, you can pray to the court to record that the suit/petition has abated.
If the deceased is a defendant/respondent in your suit, your side must file an application under Order 22 Rule 4 CPC to bring the known legal heirs (or suspected legatee under the alleged Will) on record as defendants, so your case does not abate.
If someone steps forward claiming to be an LR based on a Will, they must prove the execution and genuineness of the Will in court (under Section 68 of the Indian Evidence Act) before they can step into the shoes of the deceased petitioner.