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

Chapter II : Registration

General Provisions

16. How real rights shall be transferred

 

Save as otherwise provided in this Act or in any other law the ownership of land may be conveyed from one person to another only by means of a deed of transfer executed or attested by the registrar, and other real rights in land may be conveyed from one person to another only by means of a deed of cession attested by a notary public and registered by the registrar: Provided that notarial attestation shall not be necessary in respect of the conveyance of real rights acquired under a mortgage bond: Provided further that where the State acquires all the land held under any title deed, whether by way of expropriation or otherwise, or where a local authority by virtue of the provisions of any law acquires all the land held under a title deed by any other such authority, the registrar shall make such alterations and entries in his registers and such endorsements on any such title deed as may be necessary to register transfer to the State or such authority, as the case may be, of the property so acquired free of charge, and that the provisions of subsection (4)(a) of section 31 of this Act shall apply mutatis mutandis in respect of such a transfer by endorsement.

 

[Section 16 substituted by section 4 of Act No. 62 of 1984]