Section Section 35
of XVI of 1908. In the principal Act; in section 35,the following Explanation sh
section 35 of XVI of 1908. In the principal Act; in section 35,the following Explanation shall be added at the end,namely: - "Explanation.- For the purpose of this section the term "document" shall include the document presented byan electronic means [Vide Gujarat Act 4 of 2020, s. 5] PART VII
OF ENFORCING THE APPEARANCE OF EXECUTANTS AND WITNESSES
36. Procedure where appearance of executant or witness is desired.-~If any person presenting any document for registration Or claiming under any document; which is capable of being S0 presented, desires the appearance of any person whose presence or testimony is necessary for the registration of such document; the registering officer may, in his discretion, call upon such Officer O Court as the 2[State Government] directs in this behalf to issue a summons requiring him to appear at the registration office, either in person or by duly authorised agent, as in the summons may be mentioned, and at a time named therein: 37. Officer or Court to issue and cause service of summons: The officer or Court, upon receipt of the peon's fee payable in such cases, shall issue the summons accordingly, and cause it to be served upon the person whose appearance is so required,. 38. Persons exempt from appearance at registration-office: (1) (a) A person who by reason of bodily infirmity is unable without risk O serious inconvenience to appear at the registration-office, Or (b) a person in jail under civil Or criminal process, Or person exempt by law from personal appearance in Court, and who would but for the provisions next hereinafter contained be required to appear in person at the registration-office, shall not be required so to appear: (2) In the case of every such person the registering officer shall either himself go to the house of such person, Or to the jail in which he is confined, and examine him Or issue a commission for his examination. 39. Law as to summonses, commissions and witnesses: The law in force for the time being as to summonses, commissions and compelling the attendance of witnesses, and for their remuneration in suits
Ins. by Act 13 of 1926,s. 2_ 2. Subs. by the A.O_ 1950, for *Provincial Government" _ 3 Subs: by the A.O. 1939, for *Local Official Gazette
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before Civil Courts, shall, save as aforesaid and mutatis mutandis, apply to any summons or commission issued and any person summoned to appear under the provisions of this Act. PART VII
OF PRESENTING WILLS AND AUTHORITIES TO ADOPT 40. Persons entitled to present wills and authorities to adopt: The testator; or after his death any person claiming as executor or otherwise under will, may present it to any Registrar or Sub- Registrar for registration: (2) The donor; Or after his death the donee, of any authority to adopt; O the adoptive son, may present it to any Registrar or Sub-Registrar for registration. 41. Registration of wills and authorities to adopt: (1) A will o an authority to adopt, presented for registration by the testator or donor; may be registered in the same manner as any other document: (2) A will o authority to adopt presented for registration by any other person entitled to present it shall be registered if the registering officer is satisfied that the will or authority was executed by the testator or donor, as the case may be; that the testator or donor is dead; and that the person presenting the will 0 authority is, under
Roop's Law Assist