Section 36C: Deed of transfer under clause suspensive “Promesse de Vente”

36C. Deed of transfer under clause suspensive “Promesse de Vente” (1) No deed liable to proportional duty under any of items 10 to 13 of paragraph I or under any of items 10 to 14 of paragraph J of Part I of the First Schedule shall be registered unless— (a) it is drawn up, as appropriate, in accordance with section 36 and contains— (i) in respect of the deed, the following features— (A) the typeface shall be “Cambria” in regular style and shall have font size of 12 point, and shall be printed on A4 size paper of not less than 90 grammes; (B) every page shall be 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 shall be 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; (C) any date mentioned shall be in format DD/MM/YYYY; (ii) in respect of every party— (A) his first name or first names, in small letters, followed by his surname in capital letters, and his National Identity Card Number, where available, in format XXXXXXXXXXXXXX (14 characters) and where applicable, a scanned image of a recent passport-sized photograph of him, printed in the deed; (B) his occupation and the postal address of his residence; (C) 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 Birth and the Civil Status Office where the birth was registered; (D) 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 R15 – 24 (1) [Issue 7] Registration Duty Act (E) where applicable, his business registration number under the Business Registration Act in format XXXXXXXXX (9 characters); (iii) in respect of the immovable property— (A) the address of the property, the Parcel Identification Number (PIN), where available, together with a site plan showing the precise location; (B) 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 where undivided rights are transferred, the fraction of the property sold; (C) the price paid in format Rs X or other appropriate currency on the last transfer of the property and the title of ownership in format TV xxxx/xxx or TV xxxxxx/xxxxxx; and (D) the consideration and real value, of the property in format Rs X or other appropriate currency; (b) at the time of deposit of the deed for registration, its transcription is applied for and section 48 or 48A, as the case may be, of the Transcription and Mortgage Act is complied with; and (c) where no consideration is expressed, the deed contains a declaration signed by any of the parties, stating the open market value of the property at the date of the deed. (2) Every deed scanned for the purpose of section 36 shall be scanned in— (a) Portable Document Format (PDF); (b) 300 dots per inch (DPI) Image Resolution; and (c) text-searchable format by applying Optical Character Recognition (OCR). [S. 36C inserted by Act 30 of 1990; s. 15 (e) of Act 28 of 2004 w.e.f. 26 August 2004; s. 10 (b) of Act 21 of 2006 w.e.f. 1 October 2006; repealed and replaced by s. 25 (f) of Act 20 of 2011 w.e.f. 11 Novemb en market value of the property at the date of the deed. (2) Every deed scanned for the purpose of section 36 shall be scanned in— (a) Portable Document Format (PDF); (b) 300 dots per inch (DPI) Image Resolution; and (c) text-searchable format by applying Optical Character Recognition (OCR). [S. 36C inserted by Act 30 of 1990; s. 15 (e) of Act 28 of 2004 w.e.f. 26 August 2004; s. 10 (b) of Act 21 of 2006 w.e.f. 1 October 2006; repealed and replaced by s. 25 (f) of Act 20 of 2011 w.e.f. 11 November 2011; amended by s. 44 (i) of Act 9 of 2015 w.e.f. 2 July 2015.] 36D. — [S. 36D inserted by s. 15 (h) of Act 23 of 2001 w.e.f. 11 August 2001; repealed by s. 25 (o) of Act 15 of 2006 w.e.f. 7 August 2006.]