PROPERTY LAW ACT 1958 - SECT 183 Fraudulent concealment of documents and falsification of pedigrees

PROPERTY LAW ACT 1958 - SECT 183

S. 183(1) amended by No. 23/1998 s. 8(2).

    (1)     Every person disposing of property or any interest therein for money or money's worth to a purchaser, ^[41] or the legal practitioner or other agent of such person, who—

        (a)     conceals from the purchaser any instrument or incumbrance material to the title; or

        (b)     falsifies any pedigree upon which the title may depend in order to induce the purchaser to accept the title offered or produced—

with intent in any of such cases to defraud, shall be guilty of a misdemeanour punishable by fine, or by imprisonment for a term of not more than two years, or by both.

S. 183(2) amended by No. 23/1998 s. 8(2).

    (2)     Every such person or his legal practitioner or agent shall also be liable to an action for damages by the purchaser or the persons deriving title under him for any loss sustained by reason of—

        (a)     the concealment of the instrument or incumbrance; or

        (b)     any claim made by a person under such pedigree whose right was concealed by such falsification as aforesaid.

    (3)     In estimating damages, where the property or any interest therein is recovered from the purchaser or the persons deriving title under him, regard shall be had to any expenditure by him or them in improvements of any land.

    (4)     No prosecution for any offence under this section shall be commenced without the leave of a law officer.

    (5)     Before leave to prosecute is granted there shall be given to the person intended to be prosecuted such notice of the application for leave to prosecute as a law officer directs.

No. 3754 s. 184.