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TRANSFER OF LAND ACT 1893 - SECT 61

TRANSFER OF LAND ACT 1893 - SECT 61

61.         Effect of insertion of words “no survivorship”

        (1)         Upon the transfer of any land and upon the lease of any freehold land to 2 or more persons as joint proprietors with the words “no survivorship” endorsed thereon the Registrar shall enter such words in the memorandum of such transfer or lease and also upon any certificate of title registered in the name of such joint proprietors pursuant to such transfer and sign his name thereto.

        (2)         Two or more joint proprietors of any land or of any such lease or of any charge may by writing, under their hands direct the Registrar to enter the words “no survivorship” upon the certificate of title or instrument relating to the property.

        (3)         In every case after such words shall have been signed by the Registrar whether under this or any preceding section it shall not be lawful for any persons other than the proprietors registered to transfer or otherwise deal with the property without the order of the Supreme Court or a judge thereof obtained on motion or petition or the order of the Commissioner.

        [Section 61 amended: No. 81 of 1996 s. 34; No. 19 of 2010 s. 51.]