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Deeds Registries Act, 1937 (Act No. 47 of 1937)

Chapter VI : Rights in Immovable Property

Personal Servitudes

69bis. Joint transactions by fiduciary and fideicommissary

 

(1) If the owner of land subject to a fideicommissum and the fideicommissary, if the latter is competent to do so, have disposed of the land or any portion thereof, together with the fideicommissary rights, to any other , they may together give transfer thereof to that person.

 

(2) The transfer deed shall describe the transferors as the owner of the land and the holder of the fideicommissary right respectively, but no mention of the fideicommissary right shall be made in the description of the land therein.

 

(3) The owner of land subject to a fideicommissum and the fideicommissary, if the latter is competent so to do, may together mortgage the land to the full extent of their respective rights therein.

 

[Section 69bis inserted by section 31 of Act No. 43 of 1957]