Section 8: Transcription of deed of prescription
consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
8. Transcription of deed of prescription
(1) Where no notice of objection is served on a notary within the period
specified in section 4 (1) (a) or where a notice of objection is withdrawn or
disposed of against the occupier who has claimed ownership by way of
acquisitive prescription, the notary shall submit the deed of prescription to be
transcribed to the Conservator, accompanied by—
(a) copies of the issue of the Gazette and newspapers containing
the notices referred to in section 4 (1) (a); and
(b) the open market value of the immovable property, as certified by
a valuer designated by the Registrar-General.
(2) Every deed of prescription shall be transcribed by saving a scanned
copy of the original in the MIPD.
(3) The Conservator shall transcribe the deed of prescription in the
manner specified in subsection (2) and on payment of the transcription fees.
(4) Notwithstanding any other enactment, a deed of prescription shall—
(a) contain a mention of the location, description and exact
boundaries of the immovable property forming the subject matter
of the acquisitive prescription and the open market value of the
property referred to in subsection (1) (b);
(b) contain the date on which the occupation started and be
accompanied by a site plan showing the precise location of the
immovable property;
(c) contain, in respect of the occupier—
(i) his first name or other names, in small letters, followed by
his surname in capital letters, and his National Identity Card
number, in format XXXXXXXXXXXXXX (14 characters);
(ii) his occupation and the postal address of his residence;
(iii) his date of birth in format DD/MM/YYYY, with a reference
to the registered number of his birth certificate in format
Birth Certificate No./Year of Registration of Birth and the
Civil Status Office where the birth was registered;
(iv) where applicable, his date of marriage in format
DD/MM/YYYY, with a reference to the registered number
of the marriage certificate in format Marriage Certificate
No./Year of Marriage, the Civil Status Office where the
marriage was registered and the matrimonial regime
applicable to him at the time of the transfer; and
(v) where applicable, his business registration number under
the Business Registration Act in format XXXXXXXXX (9
characters);
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(d) contain, in respect of the immovable property—
(i) its address, its PIN and a site plan showing its precise
location;
(ii) the area of land in format Xm2 up to 2 decimal places and
the nature and description of the building, if any, on it; and
(iii) its value in format Rs X;
(e) be of the typeface “Cambria” in regular style and has font size of
12 point and be printed on A4 size paper of not less than 90
grammes;
(f) be such that every page is consecutively numbered on the
bottom-right, page 1 of the total number of pages, page 2 of the
total number of pages and so on and so forth and any annex
thereto is numbered on the bottom-right, page 1 of the total
number of pages, page 2 of the total number of pages and so on
and so forth;
(g) mention any date in format DD/MM/YYYY;
(h) not contain any abbreviation, interlineation or superscription, and
any word erased or striked through has to remain legible;
(i) on the recto of every sheet, a blank margin of 3 centimetres on
the left and one centimetre on the top, right and bottom except
on the first and last sheets, where the top margin is to be 10
centimetres;
(j) on the verso of every sheet, a blank margin of 3 centimetres on
t
the total number of pages and so on
and so forth;
(g) mention any date in format DD/MM/YYYY;
(h) not contain any abbreviation, interlineation or superscription, and
any word erased or striked through has to remain legible;
(i) on the recto of every sheet, a blank margin of 3 centimetres on
the left and one centimetre on the top, right and bottom except
on the first and last sheets, where the top margin is to be 10
centimetres;
(j) on the verso of every sheet, a blank margin of 3 centimetres on
the right and one centimetre on the top, left and bottom;
(k) make the marginal entry on the last page; and
(l) where it contains marginal corrections which may be
handwritten or words which have been erased or striked
through, contain a certificate, to which the person filling the
original shall affix his signature or his initials, setting out the
number of marginal corrections made and the number of words
erased or striked through.