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

Chapter VIII : Miscellaneous

93. Registration of change of name

 

(1) If any person or partnership whose name appears in any registered deed or other document has changed his or its name, the registrar shall, upon written application by that person or partnership accompanied by proof of the change of name, and if he is satisfied that no change of legal personality is implied in such change of name, endorse on the said deed or other document that the name of the person or partnership has been changed to the name stated in the application: Provided that—
(a) if it appears from such deed or other document that any other person is affected by such change of name, such other person shall consent in writing to the aforesaid endorsement;
(b) the application shall be accompanied by any other operative deed registered in the same registry in which the applicant's old name appears as a party thereto other than as transferor or cedent; and
(c) a woman who assumes her husband's surname or resumes her former surname shall not be obliged to record such assumption or resumption of surname against any registered deed or other document to enable her to deal with land or a real right in land held by her under such deed or other document.

[Section 93(1) substituted by section 21 of Act No. 27 of 1982]

 

(2) No change in the name of any immovable property shall be recorded in a deeds registry except if required by the registrar and the Surveyor-General in order to record a new designation as a result of the introduction of a system of land numbering where no such system previously existed.

[Section 93(2) substituted by section 38 of Act No. 43 of 1957]

 

(3)
(a) Notwithstanding the provisions of subsection (2), any owner of immovable property may in writing request the Minister to change the name of such immovable property which appears in any registered deed on the ground that such name may be offensive because of the racial connotation thereof.
(b) If the Minister is satisfied that such name may be offensive because of the racial connotation thereof, he may order the Surveyor-General to effect the change of name in the relevant registers and documents and on the relevant diagrams.
(c) The Surveyor-General shall notify the registrar concerned of any change of name effected under paragraph (b), and the registrar shall thereupon amend the relative deeds and registers in his deeds registry.

[Section 93(3) inserted by section 21 of Act No. 14 of 1993]

 

 


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