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Section 3:

Transcription And Mortgage Act

consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

3. Documents to be transcribed There shall be transcribed every— (a) deed witnessing— (i) the transfer inter vivos of any immovable property; (ii) a declaration in relation to any immovable property; (iii) the renunciation to any right in relation to immovable property; and (iv) any pledge of immovable property (antichrèse) or any servitude or right of use (droit d’usage) or residence (droit d’habitation) in any immovable property; (b) judgment declaring the existence of any right in immovable property; (c) judgment of adjudication; (d) deed importing renunciation of any right specified in paragraph (a) (iv); (e) judgment declaring the existence of any right specified in paragraph (a) (iv); (f) deed witnessing the lease of rural property (bail à ferme); (g) deed or judgment witnessing the discharge or transfer of rent payable whether in cash or in kind under a rural property lease and not due under the lease at the date of payment; (h) deed witnessing the lease of house property (bail à loyer) of more than 3 years’ duration; [Issue 9] T18 – 2 Revised Laws of Mauritius (i) deed or judgment witnessing the discharge or transfer of rent under a house property lease exceeding one year and not due under the lease at the date of payment; (j) affidavit or deed of notoriety setting out the heirs and beneficiaries of deceased owners of immovable property; (k) renunciation of a heir to his rights in a succession under article 784 of the Code Civil Mauricien made before the Master and Registrar; (l) retraction of renunciation under article 790 of the Code Civil Mauricien; (m) deed or document witnessing the transfer or lease by way of crédit bail under article 1831 of the Code Civil Mauricien of movable and immovable property in such form and manner as may be prescribed; and (n) Certificate of Transfer of Undertaking issued under section 346A of the Companies Act; (o) deed or document witnessing a request for erasure of inscription. [S. 3 amended by s. 5 (a) of Act 4 of 1987 w.e.f. 1 January 1988; s. 10 (a) of Act 4 of 1999 w.e.f. 14 February 2000; s. 18 (a) of Act 37 of 2011 w.e.f. 15 December 2011; s. 7 (4) of Act 1 of 2013 w.e.f. 18 December 2013; s. 29 (b) of Act 26 of 2013 w.e.f. 19 May 2014.]

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