Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 38

Grants and certificates endorsed "no survivorship"

38. Grants and certificates endorsed "no survivorship"



(1) At the time of the registration of every Crown grant in fee to two or more
persons in joint tenancy for any public purpose the Registrar shall record in
the Register the words "no survivorship".

(2) Upon the transfer of any land to two or more persons as joint proprietors
with the words "no survivorship" endorsed thereon the Registrar shall record
those words in the Register.



(3) Two or more joint proprietors of any land may by writing under their hands
direct the Registrar to record the words "no survivorship" on the relevant
folio of the Register.

(4) After the words "no survivorship" have been recorded pursuant to this
section it shall not be lawful for any persons other than the registered
proprietors to transfer or otherwise deal with the land without an order of
the Court or of the Registrar.

(5) Before making any such order the Court or Registrar may cause notice of
the intention so to do to be advertised once at least in one newspaper
published in the city of Melbourne or circulating in the neighbourhood of the
land, and in such notice shall appoint a time within which it shall be lawful
for any person interested to show cause against such order being made.

(6) The Court or Registrar may (but, where any such notice has been given,
only after the expiration of the time therein appointed) give the necessary
order for the transfer of the land to any new proprietor or proprietors solely
or jointly with or in the place of any existing proprietor or proprietors or
otherwise give effect to the dealing or make such order in the matter as is
just for the protection of any persons beneficially interested in the land or
in the proceeds thereof, and on such order being deposited with or made by the
Registrar he shall make such recordings and perform such acts for giving
effect thereto as are necessary.