Section 227: Application to Outer Islands

227. Application to Outer Islands (1) Subject to this section, this Act shall apply to the seizure and sale of immovable property in the Outer Islands mortgaged as security for a loan. (2) Where a loan granted is to be secured by a mortgage on property situated in any of the Outer Islands, the deed witnessing the loan shall— (a) contain a full description of the property mortgaged, including all the houses, buildings, constructions and plantations generally forming part of the premises mortgaged; (b) give the apparent value of the property mortgaged, including that of all the buildings, constructions and plantations generally forming part of the premises mortgaged; and (c) specify the domicile elected by the borrower in Port Louis at which all notices required to be served in connection with the seizure and sale of the property mortgaged up to the final closing of the ordre of the scheme of distribution by attribution of price, as the case may be, shall be served. S3 – 49 [Issue 1] Sale of Immovable Property Act (3) (a) The borrower shall, at the request of his creditor, supply his creditor, not more than once in a year, with a written statement, signed by him, containing a complete list and full description of all the houses, buildings, constructions and plantations generally forming part of the premises mortgaged together with the apparent value of the whole of those premises. (b) Where the borrower fails to supply the statement under paragraph (a), the creditor shall cause to be served on him, at his elected domicile, a notice, calling on him to supply the creditor with the statement within the time fixed in the notice. (c) Where the borrower fails to supply the statement within the time fixed in the notice, the loan shall become due and demandable forthwith. (d) In this subsection and in subsection (8), “borrower” means the original debtor or any owner or co-owner of the property mortgaged. (4) — (5) Notwithstanding any other enactment, the usher effecting the seizure shall not be required to go on site of the property which is the subject matter of the seizure. (6) The usher’s memorandum of seizure (procès-verbal de saisie) shall contain— (a) a description of the title (titre) in virtue of which the seizure is effected, containing the date of the title (titre), the name of the notary, the amount of the debt, and a reference to the transcription, if the title (titre) has been transcribed; (b) a description of the property seized, as contained in the deed of mortgage or in the latest statement supplied by the borrower under subsection (3); (c) the apparent value of the property, as given in the deed of mortgage or in any statement supplied by the borrower under subsection (3); and (d) the constitution of an attorney, whose office shall be taken to be the domicile of the execution creditor, where all notices connected with the seizure shall be served on the creditor. (7) The usher shall, at the time of the seizure, leave a copy of his memorandum of seizure with the debtor, in person or at his elected domicile. (8) A notice having reference to the sale, after seizure, of any property situated in the Outer Islands, and mortgaged as security for a loan, may contain the description of the property as in the deed of mortgage, or in the latest statement supplied by the borrower, and need not mention boundaries. (9) The purchaser of a property situated in the Outer Islands, and mortgaged as security for a loan, shall not be entitled to an in m of seizure with the debtor, in person or at his elected domicile. (8) A notice having reference to the sale, after seizure, of any property situated in the Outer Islands, and mortgaged as security for a loan, may contain the description of the property as in the deed of mortgage, or in the latest statement supplied by the borrower, and need not mention boundaries. (9) The purchaser of a property situated in the Outer Islands, and mortgaged as security for a loan, shall not be entitled to an indemnity, or diminution of the sale price of the property, on its sale by levy, by reason of any bad or inaccurate description, including any bad or inaccurate description of any of the houses, buildings, constructions and plantations forming part of [Issue 1] S3 – 50 Revised Laws of Mauritius that property occurring in the memorandum of charges, or by reason of the non-existence, on the day of the sale, of any of these houses, buildings, constructions and plantations. (10) In this section “Outer Islands” means the islands under the jurisdiction of the Republic of Mauritus other than Mauritius or Rodrigues. FIRST SCHEDULE [Sections 31, 37 and 104] WARNING is given that on ............. the final adjudication shall take place before ........................, the Master, of a portion of land (or) of a house (or) of a ............. situated in the district (or) town of ........... measuring ............... and seized against ............................. (or) the heirs of .............................. at the request of (or) the heirs of ............................................ All parties claiming to take inscriptions of legal mortgage on that property are warned that they must do so before the transcription of the judgment of adjudication, failing which, they shall be debarred of that right. Date: ....................... 20 ........ AB of ............................ Attorney in charge of the sale SECOND SCHEDULE [Sections 85 and 101] WARNING is given that the Cahier des Charges of the judicial sale of a portion of land (or) a house, (or) a country house (or) a Sugar Estate, belonging to the minor (or) minors ...................................................................................................... situate in the district (or) town of ................. measuring .................. and bounded as follows ....................has, on ....................... been filed in the Master’s Office. The ......................... has been fixed for the day of sale. All parties claiming a right to take inscriptions of legal mortgage are warned that they must exercise their right before the transcription of the judgement of adjudication, failing which, they shall forfeit their right. Date: ....................... 20 ........ AB of ............................ Attorney in charge of the sale S3 – 51 [Issue 1] Sale of Immovable Property Act THIRD SCHEDULE [Section 142] Notice is given that on ........... the property, situated in the district of ............. (or) town of ............... levied on ............. (or) the heirs of ............ at the request of ........... (or) the heirs of ........... was sold, for a price of rupees ...................... and purchased by AB. Afterwards, on ................... one CD has made an outbidding of one sixth above that price. I have therefore fixed ................. for the sale of that property, upon the outbidding. Date: ................... 20 .......... .................................. Master and Regi (or) town of ............... levied on ............. (or) the heirs of ............ at the request of ........... (or) the heirs of ........... was sold, for a price of rupees ...................... and purchased by AB. Afterwards, on ................... one CD has made an outbidding of one sixth above that price. I have therefore fixed ................. for the sale of that property, upon the outbidding. Date: ................... 20 .......... .................................. Master and Registrar FOURTH SCHEDULE [Section 52] Notice is given that on ............................... the property situated in the district of ............... (or) town of ..................... measuring ....................... and bounded ................ and which had been adjudicated to ........................... on .................. will be resold by folle-enchère. The resale has been fixed by the Master to take place on .................................. Date: ................. 20 ........ AB of ............................ Attorney in charge of the sale [Issue 1] S3 – 52