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Section 8: Transcription of deed of prescription

Acquisitive Prescription Act

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of objection is served on a notary within the period specified in section 4 (1) (a) or where a notice of objection is withdrawn or disposed of against the occupier who has claimed ownership by way of acquisitive prescription, the notary shall submit the deed of prescription to be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); [Issue 10] A2A – 4 (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.

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