REGISTRATION OF OLD DEEDS
AND INSTRUMENTS
ORDINANCE

Arrangement of Sections

1. Short title.

2. Inadmissibility in evidence of unregistered instrument to prove trust or fidei-commissum.

3. Conditions as to presentation and registration of instruments.

4. Order authorising presentation for registration of instruments executed before 2nd February, 1840.

5. Power of court to order production of instruments.

6. Registration of Documents Ordinance to apply for purposes of registration.

7. Description of land affected by instrument and order by court for registration.

8. Return of registered instruments and custody of certified copies.

9. Effect of registration as provided by this Ordinance.

10. Application of section 7 of Sannases and Old Deeds Ordinance modified.

11. Meaning of "instrument affecting land”.

12. Transitory provisions.

35 of 1947.

AN ORDINANCE to provide for the registration of instruments affecting land which were executed prior to the year 1864 and to restrict the reception in evidence of unregistered instruments in proof of trusts or fidei-commissum.

[Date of Commencement: 2nd July, 1947]

1. Short title.

This Ordinance may be cited as the Registration of Old Deeds and Instruments Ordinance.

2. Inadmissibility in evidence of unregistered instrument to prove trust or fidei-commissum.

(1) On and after the 1st day of January, 1948, no instrument affecting any land, which was executed or made at any time prior to the 1st day of January, 1864, shall unless—

(a) it was, at the date of the commencement of this Ordinance, duly registered under any of the Ordinances specified in subsection (3); or

(b) it is referred to in any other instrument which was, at the date of the commencement of this Ordinance, registered under any of the Ordinances specified in subsection (3) as an instrument affecting that land; or

(c) it is registered in accordance with the provisions of this Ordinance,

be of any force or avail or be received in evidence in any court as against any person claiming any interest in such land upon valuable consideration or any other person claiming under any such person, for the purpose of proving the land to be subject to a trust or fidei-commissum.

In this subsection "interest” means an interest created or arising whether before or after the date of the commencement of this Ordinance.

(2) The provisions of subsection (1) shall apply to any instrument executed or made prior to the 2nd day of February, 1840, notwithstanding that such instrument may have been registered under the Sannases and Old Deeds Ordinance.

(3) The Ordinances referred to in paragraphs (a) and (b) of subsection (1) are—

The Registration of Documents Ordinance,

The Land Registration Ordinance, No. 14 of 1891,1

The Land Registration Ordinance, No. 5 of 1877,

The Land Registration Ordinance, No., 8 of 1863.

3. Conditions as to presentation and registration of instruments.

(1) An instrument affecting land which was executed or made prior to the 1st day of January, 1864, may be presented for registration in accordance with the provisions of this Ordinance at any time before the 1st day of January, 1948:

Provided, however, that if an application is, prior to the 1st day of January, 1948, made under section 4 or section 5 for an order authorising or directing the presentation of any instrument for registration, and an order is made under either of those sections, such instrument may be presented for registration within two months of the date of such order.

(2) No instrument shall be registered as provided by this Ordinance unless it is duly presented for registration within the time prescribed in that behalf by subsection (1):

Provided, however, that no such instrument shall be registered as provided by this Ordinance at any time after the 31st day of December, 1953.

(3) No will executed or made prior to the 1st day of January, 1864, shall be registered in accordance with the provisions of this Ordinance unless the probate of such will is also presented for such registration.

4. Order authorising presentation for registration of instruments executed before 2nd February, 1840.

(1) No instrument affecting land, executed or made prior to the 2nd day of February, 1840, which was not registered under the Sannases and Old Deeds Ordinance, may be presented for registration in accordance with the provisions of this Ordinance or accepted for the purposes of registration, unless application is, prior to the 1st day of January, 1948, made to a District Court as hereinafter provided for an order authorising the presentation of that instrument for registration and an order in that behalf has been made by the court.

(2) Such application shall be made by way of petition to the District Court having jurisdiction in the place where the land or any of the lands to which the instrument relates is situated.

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