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Section 4: Transcription of document on death of landowner

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.

4. Transcription of document on death of landowner (1) When an owner of immovable property dies, any heir, beneficiary or executor appointed quoad the succession, or the notary in charge of the succession, shall cause an affidavit or a notarial deed to be drawn up within 3 months from the date of death containing and having— (a) in respect of the affidavit or notarial deed, the following features— (i) the typeface shall be “Cambria” in regular style and shall have font size of 12 point, and the affidavit or notarial deed shall be printed on A4 size paper of not less than 90 grammes; (ii) every page shall be consecutively numbered on the bottomright, 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; (iii) any date mentioned shall be in format DD/MM/YYYY; (aa) in respect of the deceased— (i) his first name or names, in small letters, followed by his surname in capital letters, and his National Identity Card Number, where available, in format XXXXXXXXXXXXXX (14 characters); (ii) 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; (iii) 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; (iv) where applicable, his business registration number under the Business Registration Act in format XXXXXXXXX (9 characters); (v) the first name or names of the surviving spouse in small letters, followed by his surname in capital letters, his National Identity Card number, where available, in format XXXXXXXXXXXXXX (14 characters), and, where applicable, his business registration number under the Business Registration Act in format XXXXXXXXX (9 characters); [Issue 9] T18 – 4 Revised Laws of Mauritius (vi) in case any previous marriage has been dissolved, the first name or first names of his previous spouse in small letters followed by his surname in capital letters and his National Identity Card number, where available, in format XXXXXXXXXXXXXX (14 characters); and (vii) the death certificate in format Death Certificate no./Year of death; (ab) in respect of the immovable property, the address of the property and the title of ownership in format TV xxxx/xxx or TV xxxxxx/xxxxxx, the Parcel Identification Number (PIN) where available, together with a site plan showing the precise location; and (b) in respect of the heirs and beneficiaries— (i) their first name or names in small letters followed by their surname in capital letters, profession and their National Identity Card number, where available, in format XXXXXXXXXXXXXX (14 characters); and (ii) their date and place of birth together with a reference to the registered number of their birth certificates and the civil status office where their birth was registered. (2) The affidavit or the notarial deed shall be presented to the Conservator within 3 months of the date of death for transcription in the manner provided for under sections 48 and 48A. (3) No affidavit or notaria ession and their National Identity Card number, where available, in format XXXXXXXXXXXXXX (14 characters); and (ii) their date and place of birth together with a reference to the registered number of their birth certificates and the civil status office where their birth was registered. (2) The affidavit or the notarial deed shall be presented to the Conservator within 3 months of the date of death for transcription in the manner provided for under sections 48 and 48A. (3) No affidavit or notarial deed shall be transcribed unless it contains information relating to at least one immovable property owned by the deceased at the time of his death, including the Transcription Volume number (TV no.). [S. 4 inserted by s. 5 (b) of Act 4 of 1987 w.e.f. 1 January 1988; amended by s. 20 (a) of Act 20 of 2009 w.e.f. 19 December 2009; s. 30 (a) of Act 20 of 2011 w.e.f. 11 November 2011; s. 29 (c) of Act 26 of 2013 w.e.f. 19 May 2014; s. 52 (b) of Act 9 of 2015 w.e.f. 2 July 2015.]

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