Section 48: Authentic deeds and judgments

48. Authentic deeds and judgments (1) Where an authentic deed or judgment registered and recorded under section 34 of the Registration Duty Act is required to be transcribed, the Conservator shall, on payment of any fee referred to in section 56 (2), cause the authentic deed or judgment recorded in the RDDS to be transcribed in the MIPD. (2) (a) Where an authentic deed or judgment is transcribed under subsection (1), the Conservator shall— (i) cause an electronic copy to be replicated and saved in the DCDB; and (ii) cause the authentic deed or judgment, together with the particulars specified in subsection (4), to be forwarded to the person concerned through the RDDS or to be delivered to him in person. T18 – 7 [Issue 6] Transcription and Mortgage Act (b) The authentic deed or judgment forwarded or delivered under paragraph (a) shall constitute proof of registration and transcription. (3) The deed or judgment required to be transcribed shall contain and have— (a) in respect of the deed or judgment— (i) the typeface “Cambria” in regular style and font size of 12 point and shall be printed on A4 size paper of not less than 90 grams; (ii) every page 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 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 in format DD/MM/YYYY; (iv) no abbreviation, interlineation, superscription and any word erased or scratched out has to remain legible; (v) 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 that on the first and last sheets, the top margin shall be 10 centimetres; (vi) on the verso of every sheet, a blank margin of 3 centimetres on the right and one centimetre on the top, left and bottom; (vii) the marginal entry made at the end of the content of the deed; (viii) all annexes at the end of the deed and numbered consecutively 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 (ix) where it contains marginal corrections which may be handwritten and words erased or scratched out, a certificate, to which the person shall affix his signature or his initials, setting out the number of marginal corrections made and the number of words erased or scratched out; (b) in respect of each party— (i) 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; [Issue 6] T18 – 8 Revised Laws of Mauritius (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; (v) where applicable, ed 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; (v) where applicable, his business registration number under the Business Registration Act in format XXXXXXXXX (9 characters); and (c) in respect of the immovable property— (i) the address of the property, the Parcel Identification Number (PIN) where available, together with a site plan showing the 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 where undivided rights are transferred, the fraction of the property sold; (iii) 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 (iv) the consideration and real value, of the property in format Rs X or other appropriate currency. (4) The particulars referred to in subsection (2) shall be— (a) the time and date of registration of the transcription; (b) the title number; (c) the amount of duty paid; (d) the signature of the Receiver; and (e) the bar code. (5) The Conservator may reject any deed or judgment which does not satisfy any of the requirements of subsection (3). (6) — (7) — [S. 48 amended by Act 37 of 1990; repealed and replaced by s. 30 (b) of Act 20 of 2011 w.e.f. 11 November 2011; amended by s. 29 (e) of Act 26 of 2013 w.e.f. 19 May 2014; s. 52 (d) of Act 9 of 2015 w.e.f. 2 July 2015.] T18 – 9 [Issue 8] Transcription and Mortgage Act