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

Regulations

Deeds Registries Amendment Regulations, 2021

Identity of Persons (Regs 18 to 19)

 

18.
(1) The identity of a person shall be established—
(a) in the case of a natural person:
(i) By means of the full name and identity number reflected in the identity document issued by the responsible Government authority in the Republic;
(ii) if the person's name is incorrectly reflected in the identity document, by means of the correct name and identity number;
(iii) if the person's date of birth is incorrectly reflected in the identity number, by means of the full name and correct date of birth and identity number;

[Regulation 18(1)(a)(iii) substituted by regulation 3 of Notice No. R. 292 of 2010]

(iv) if the person's date of birth is not reflected in the identity number, by means of the full name, date of birth and identity number;
(v) if no identity document has been issued, by means of the full name and date of birth; or
(vi) in the case of a person to whom no identity document has been issued and whose date of birth is unknown, by means of a method approved of by the Registrar; and

[Regulation 18(1)(a) substituted by regulation 2 of Notice No. R. 1224 of 2003]

(b) in the case of any other person, by means of the name and the registered number, if any, of such person.

 

(2) The name of a person referred to in subregulation (1) and the relevant identity number, date of birth or registered number, as the case may be, of such person shall be recorded in the relevant records of the Deeds Registry: Provided that the fact that no identity document has been issued to a natural person, shall be established by means of an affidavit signed by such natural person or by means of a certificate signed by a conveyancer based on information obtained from such natural person: Provided further that the provisions of subregulation (1) shall not apply to any consent or application relating to a registered deed granted by a person being a party to that deed if the deed does not disclose his identity number, or date of birth, or registered number, as the case may be.

[Regulation 18(2) substituted by regulation 4(b) of Notice No.  184 of 1995]

 

(3) The Registrar concerned shall rectify any error made in connection with an entry or note of the identity number, or the date of birth, or registered number, as the case may be, of any person appearing in his Registry upon proof to his satisfaction that an error has been made.

[Regulation 18 substituted by regulation 3 of Notice No. R. 359 of 1982 with effect from 1 July 1982]

 

19. A Registrar shall have authority in connection with any deed or document tendered for execution, registration or record to call for evidence to establish the identity or non-identity of any party thereto with any person whose name appears in any register kept in his Registry.