Malawi Act or statute

Malawi legislation

Deeds Registration Act, 1916

bond registrationcertified copiescompany sealscompliancecourt applicationcourt documentscourt evidencecourt recordsdeeds registrydefectsdefinitionsdiscoverydocument custodydocument executiondocument filingdocument registrationdocument registration feesdocument retentiondocumentsdutiesevidencefeesfilingfilingsforeign-language documentsfraudindemnityland chargesland transactionslitigationmaps and plansmortgage registrationofficial liabilityofficial sealparcel descriptionpenaltiespower of attorneypriority of registrationproperty recordsrecognizancerecord correctionrecord keepingrecordkeepingrecords managementregister rectificationregistrationregistration complianceregistration proceduresregistration refusalregistry proceduresregulatory compliancesearchesvalidity

Jurisdiction: Malawi
Structure: 36 provisions
Citation: Act 8 of 1916
Official identity: Year 1916
Dates: Enacted 1916 · Source version 31 Dec 2014

More statute details

Official identity: Year 1916
Dates: Enacted 1916 · Source version 31 Dec 2014

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Purpose and legislative effect

“This section gives the Act its short title: the Deeds Registration Act.”

This section gives the Act its short title: the Deeds Registration Act. Documents affecting land that were registered under the old documents law or earlier regulations are treated as registered under this Act. This section defines key terms used in the Act: “Deeds Registrar,” “Document,” and “Deeds Registry File.” The Deeds Registrar must have an official seal, and courts must treat that seal as official evidence. The Deeds Registrar may sue and be sued under his official title.

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Enacted 1916 · Source version 31 Dec 2014. The date shown identifies this source expression and should not be treated as proof that no later change exists.
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Short title

This section gives the Act its short title: the Deeds Registration Act.

Section 1

Registration of recognizance

A recognizance or bond ordered by the High Court may be registered as a charge on land if a certificate from the Registrar of the High Court shows it was duly filed.

Section 10

Fees and duties to be paid before registration

The Deeds Registrar must refuse to register a document until satisfied that the relevant Government duties and fees have been paid.

Section 19

Appeal and reference to the Court

If the Registrar refuses to correct an error in the Register, an aggrieved person may apply to the Court for rectification, and the Court may order it.

Section 27

Power of Minister to make Rules

The Minister may make Rules to carry this Act into effect, and those Rules may set a penalty of up to K10 for breaches.

Section 36

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Source record from malawilii.org · Enacted 1916 · Source version 31 Dec 2014

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Showing 36 of 36 provisions

Provision 26Offence 3Commencement 2Amendment 2

§ 1Short titleShort title

This section gives the Act its short title: the Deeds Registration Act.

1. Short title This Act may be cited for all purposes as the Deeds Registration Act.

Section 1Verify source

§ 2Section 2Repeal

Documents affecting land that were registered under the old documents law or earlier regulations are treated as registered under this Act.

2. Saving All documents affecting land registered under the Registration of Documents Ordinance, 1910 (now repealed) or under any previous regulation shall be deemed to be registered under this Act. [12 of 1910]

Section 2Verify source

§ 3InterpretationInterpretation

This section defines key terms used in the Act: “Deeds Registrar,” “Document,” and “Deeds Registry File.”

3. Interpretation In this Act unless the context otherwise requires— “ Deeds Registrar ” means the Registrar General or such other person as the Minister may, by notice published in the Gazette , appoint to be Deeds Registrar for the purpose of this Act; “ Document ” includes deeds and all instruments m tenting which pass any interest in land or affecting land and in the case of a will means the probate of a will sealed in Malawi or letters of administration with will annexed sealed in Malawi; “ Deeds Registry File ” shall consist of documents filed in chronological order in the archives of the Deeds Registry.

Section 3Verify source

§ 4Official sealProvision

The Deeds Registrar must have an official seal, and courts must treat that seal as official evidence.

4. Official seal (1) The Deeds Registrar shall have an official seal. (2) Judicial notice shall be taken by all courts of law of the said official seal and any instruments purporting to be sealed therewith shall be presumed to be a correct copy of the original.

Section 4Verify source

§ 5Power to sueProvision

The Deeds Registrar may sue and be sued under his official title.

5. Power to sue The Deeds Registrar may sue and be sued by his official title.

Section 5Verify source

§ 6Section 6Commencement

Certain land-related documents must be registered in the Deeds Registry Office, unless the Minister exempts them.

6. Compulsory registration of documents From and after the commencement of this Act all deeds, conveyances, wills and instruments in writing whether under seal or not whereby any land or interest in or affecting land other than land registered in accordance with the Registered Land Act, may be affected at law or in equity whether executed prior or subsequent to the date of this Act are subject to compulsory registration in the Deeds Registry Office: Provided that the Minister designated for the purpose of this section by the President may, in such areas and in respect of such leases or classes of leases or other instruments relating to land tenancy as he may specify by notice published in the Gazette , exempt such leases, classes of leases or other instruments from the requirement of registration under this section. [Cap. 58:01] [25 of 1968]

Section 6Verify source

§ 7Time for presenting documents for registrationCommencement

Documents that must be registered are generally required to be presented within set time limits, and the High Court may extend the time in a particular case.

7. Time for presenting documents for registration (1) In the case of any deed or document the registration of which is declared by this Act to be compulsory— (a) where such deed or document is executed after the commencement of this Act the same shall be presented for registration within three months from the date of its execution if executed within Malawi; (b) where such deed or document is executed after the commencement of this Act but without Malawi, the same shall be presented for registration within six months from the date of its execution; (c) where such deed or document has been executed before the commencement of this Act and has not been registered but its effect continues after the commencement of tins Act the same shall be presented for registration within three months of the commencement of this Act; (d) the registration of any unregistered document executed before the commencement of this Act shall validate the transaction thereby effected as from the date of the document but subject to any interim registered acts touching the same land or interests and subject to any dealings of later date that may be registered under the next following paragraph; (e) the High Court may in its discretion in any particular case extend the time for lodging any deed or document for registration upon such terms and conditions as it may deem reasonable. (2) In calculating the time within which any deed or document shall be presented for registration in accordance with paragraph (a) or (b) of subsection (1), any period during which such deed or document is lodged with the Commissioners of Stamp Duties for purposes of adjudication of stamp duty under the Stamp Duties Act shall not be taken into account and such deed or document shall be presented for registration within thirty days after the date shown on the particular stamp stamped thereon pursuant to section 16 (2) or section 16 (3), as the case may be, of the said Stamp Duties Act. [51 of 1971] [Cap. 43:01]

Section 7Verify source

§ 8Section 8Provision

Land charges, mortgages, transfers, assignments, and leases take priority based on the date of registration.

8. Charges on land take priority according to date of registration All charges upon land or any interest in land whether by way of mortgage or otherwise and whether equitable or otherwise and all transfers, assignments or leases of land shall take priority according to the date of registration. All priorities given by this Act shall have full effect in all courts except in cases of actual fraud and all persons claiming thereunder any legal or equitable interests shall be entitled to corresponding priorities and no person shall lose any such priority merely in consequence of his having been affected with actual or constructive notice of a prior unregistered document except in cases of actual fraud.

Section 8Verify source

§ 9Holder of mortgage entitled to certificate of registrationProvision

A holder of a mortgage or charge is entitled to receive a certificate of registration on demand, if the prescribed fees are paid.

9. Holder of mortgage entitled to certificate of registration The holder of a mortgage or charge shall be entitled on demand to receive a certificate of registration on payment of the prescribed fees.

Section 9Verify source

§ 10Registration of recognizanceProvision

A recognizance or bond ordered by the High Court may be registered as a charge on land if a certificate from the Registrar of the High Court shows it was duly filed.

10. Registration of recognizance A recognizance or bond entered into by order of the High Court may be registered as a charge on land or any interest in land on lodgment of a certificate from the Registrar of the High Court that such recognizance or bond has been duly filed.

Section 10Verify source

§ 11Registration of lis pendensProvision

A lis pendens affecting land or an interest in land may be registered as a charge if evidence shows proceedings were started in the High Court.

11. Registration of lis pendens A lis pendens to affect land or interest therein may be registered as a charge against the same on production of evidence of the institution of any proceedings in the High Court affecting the land or interest. Such evidence shall consist of the certificate of the Registrar of the High Court or any order of the High Court showing the institution of such proceedings.

Section 11Verify source

§ 12Cancellation of registrationProvision

A recognizance, bond, or lis pendens may be cancelled in the Register when a certificate from the Registry of the High Court shows it has been vacated.

12. Cancellation of registration A recognizance, bond or lis pendens may be cancelled in the Register on the lodgment of a certificate from the Registry of the High Court showing that the same has been vacated.

Section 12Verify source

§ 13Section 13Provision

This section defines what counts as registration for different kinds of land and documents.

13. Registration defined Registration shall consist— (a) where the land affected is not public land, in the filing of a copy of the document brought for registration in the Deeds Registry File , such copy to be duly certified by the Deeds Registrar as a true copy and in the entry in the Deeds Registry of the names of the parties, the date of the document, the date and hour of registration and briefly the nature of the document; (b) where the land affected is public land, registration shall be defined as in the preceding paragraph with the addition that an extra copy must be lodged and certified for the use of Government; (c) in the case of bonds, recognizances or lites pendentes referred to in section 10 , 11 or 12 , registration shall consist in the filing of the certificate of the Registrar of the High Court or a copy of the order of the Court.

Section 13Verify source

§ 14Power of attorneyProvision

If an instrument is registered under a power of attorney, the power of attorney or a certified office copy must be produced to the Registrar.

14. Power of attorney If the instrument presented for registration has been executed under power of attorney the power of attorney or an office copy thereof shall be produced to the Registrar and in cases not falling within section 8 and 9 of the Conveyancing Act, 1882, of the United Kingdom evidence (by the statutory declaration of the attorney or otherwise) sufficient to satisfy the Registrar that the principal was alive at the time of execution of the instrument and that the power was then unrevoked shall also be produced. [45 & 46 Viet.,] [Cap. 39]

Section 14Verify source

§ 15Section 15Provision

If a document includes or has attached a map or plan, a true copy of that map or plan must be filed with the copy of the document.

15. Registration of map accompanying document When a map or plan is comprised in or annexed to any document a true copy of such map or plan shall be filed together with the copy of the document to which it refers.

Section 15Verify source

§ 16Persons to present documents for registrationProvision

Documents for registration must be presented by the person concerned or that person’s representative/agent, and must carry the required certificate. A document may also be sent by post or under cover if the fee and a signed request letter are included.

16. Persons to present documents for registration (1) Every document presented for registration under this Act must be presented either by a person executing or claiming an interest under the same or the representative or agent of such person and the Deeds Registrar may require to be satisfied as to the identity of the person by whom it is brought, or, in the case of a representative or agent, as to his authority. (2) Every document presented for registration under this Act shall have endorsed thereon a certificate in the form set out in the Second Schedule signed by the person or firm presenting such document. (3) A document may be presented for registration through the post or under cover if it is accompanied by the prescribed fee and by a letter requesting registration signed by the person or firm who has signed the form of certificate referred to in subsection (2).

Section 16Verify source

§ 17Description of parcelsProvision

Documents presented for registration must identify the land and usually include the registered number of a previous related document; the Deeds Registrar may refuse non-compliant documents.

17. Description of parcels (1) Every document on presentation for registration must contain a description of the land to which it refers sufficient for its proper identification and the Deeds Registrar may refuse to accept for registration any document as aforesaid which does not contain such a description. (2) Every document presented for registration must contain the registered number of some previous document relating to the land to which it refers: Provided that this subsection shall not apply to— (a) a Grant of Probate, a Grant of Letters of Administration or other order of any Court; (b) any disposition by the Minister responsible for Land or public land or customary land or any interest therein and any permit or licence in respect of any such land; (c) a power of attorney; (d) any certificate of title granted under the Lands Acquisition Act; [Cap. 58:04] (e) any declaration by Order issued under Part V of the Land Act; [Cap. 57:01] (f) any rights in respect of prospecting, mining and water issued under the Mining Act. [Cap. 61:01]

Section 17Verify source

§ 18Documents in foreign languageProvision

If a registration document is not in English, it must be submitted with an English translation, the required number of certified English copies, and a true copy of the original document.

18. Documents in foreign language If any document presented for registration be not in the English language it must be accompanied by a translation in English together with the requisite number of copies in English duly certified to the satisfaction of the Deeds Registrar and also by a true copy of the original document.

Section 18Verify source

§ 19Fees and duties to be paid before registrationProvision

The Deeds Registrar must refuse to register a document until satisfied that the relevant Government duties and fees have been paid.

19. Fees and duties to be paid before registration The Deeds Registrar shall refuse to register any document until he is satisfied that all Government duties and fees have been paid in respect thereof or in respect of the transaction or series of transactions of which the document forms a record in whole or in part if any such duties or fees are eligible.

Section 19Verify source

§ 20Right of Registrar to refuse documentsProvision

The Deeds Registrar can refuse documents for registration, and must refuse documents said to have been executed outside Malawi unless the affidavit or authentication conditions are met.

20. Right of Registrar to refuse documents (1) The Deeds Registrar may in his discretion refuse to accept for registration any documents in which any interlineation, blank, erasure or alteration appears unless such interlineation, blank, erasure or alteration shall have been initialled by the parties to the document or otherwise validly incorporated in the same. On the registration of such document the Deeds Registrar will in addition initial such interlineation, blank, erasure or alteration. (2) The Deeds Registrar shall refuse to register any document which purports, on the face of it, to have been executed outside Malawi by any party thereto unless— (a) he is satisfied by affidavit or otherwise that the document was in fact executed inside Malawi; or (b) such document has been authenticated in a manner which complies with the Authentication of Documents Act. [Cap. 4:06]

Section 20Verify source

§ 21Registrar to refuse documents executed by companies in certain circumstancesProvision

The Deeds Registrar must refuse certain company documents unless they are properly executed under the company seal or fit the stated attorney exception.

21. Registrar to refuse documents executed by companies in certain circumstances (1) The Deeds Registrar shall refuse to register any document which is executed by, or on behalf of, a company within or without Malawi otherwise than under the common seal of that company, affixed in the presence of at least one director and the secretary of the company, whose signatures shall appear on the document, or in accordance with its constitution, when such document, if executed by an individual within Malawi, is by law required to be executed under seal: Provided that such document may be registered if it is executed by an attorney of the company appointed by a power of attorney under the common seal of the company and in accordance with its constitution. (2) For the purposes of this section— (a) every company shall have its name engraved in legible characters upon its common seal in such a manner that, when the seal is affixed to any document, a permanent impressed or embossed mark is made on the document; and (b) the impression upon any document of a rubber or other stamp bearing the name of a company or of a wafer seal upon which is written or printed the name of the company shall not be deemed to be a valid execution under the common seal of the company.

Section 21Verify source

§ 22Section 22Provision

Registration does not fix defects in a registered document or give it validity unless this Act provides otherwise.

22. Registration not to cure defect or confer validity Registration shall not cure any defect in any document registered or confer upon it any validity which it would not otherwise have had except in so far as provided in this Act.

Section 22Verify source

§ 23Copy documents to be numbered and filed in order of lodgmentProvision

The Deeds Registrar must number filed copies in order and record the registration date and time, then file copies in the order received.

23. Copy documents to be numbered and filed in order of lodgment The Deeds Registrar shall number every copy of documents filed consecutively entering the time of the day and the day of the month and the year when it is registered and shall file the copies in the order in which the documents are received by him.

Section 23Verify source

§ 24Endorsed memorandum prima facie proof of registrationProvision

The Deeds Registrar must sign a memorandum that is endorsed on registered documents or copies of them, and that memorandum serves as proof of proper registration unless there is enough evidence to the contrary.

24. Endorsed memorandum prima facie proof of registration (1) A memorandum signed by the Deeds Registrar shall be endorsed on every document or copy of a document registered containing a sufficient reference to the number and position of the document in the Register which memorandum shall be proof of the due registration of the document in the absence of sufficient evidence to the contrary. (2) Where any extension of time for registration is granted by order of the High Court reference to such order of Court shall be made in the margin of the Register and in the endorsement of the document presented for registration.

Section 24Verify source

§ 25Indemnity of Deeds RegistrarProvision

The Deeds Registrar, and anyone acting under an order or general rule made under this Act, is protected from liability for bona fide acts or omissions done in exercising or apparently exercising powers under the Act or those rules.

25. Indemnity of Deeds Registrar The Deeds Registrar shall not nor shall any person acting under any order or general Rule made in pursuance of this Act be liable to any action, suit or proceedings for or in respect of any act or matter bona fide done or omitted to be done in the exercise or supposed exercise of the powers of this Act or any order or general Rule made in pursuance of this Act.

Section 25Verify source

§ 26Amendment of RegisterAmendment

If someone alleges an error, omission, fraud, or mistake in the Register, the Deeds Registrar may correct it if the allegation is satisfactorily proved.

26. Amendment of Register Where any person alleges that any error or omission, has been made in the Register or that any entry or omission therein has been procured by fraud or mistake the Deeds Registrar shall if he shall consider such allegation satisfactorily proved correct such error or omission or entry as aforesaid.

Section 26Verify source

§ 27Appeal and reference to the CourtProvision

If the Registrar refuses to correct an error in the Register, an aggrieved person may apply to the Court for rectification, and the Court may order it.

27. Appeal and reference to the Court If the Registrar shall refuse to correct any error, omission or entry in pursuance of an application under the last preceding section any person aggrieved by such refusal may apply to the Court for an order that the Register be rectified and the Court may make an order for the rectification of the Register in such manner as it shall direct.

Section 27Verify source

§ 28Effect of non-registrationProvision

If a document must be registered under this Act and is not registered, it is null and void.

28. Effect of non-registration The non-registration of a document the registration whereof is compulsory according to this Act will render such document null and void.

Section 28Verify source

§ 29Penalties for fraudOffence

Fraud involving the Register or false material statements in required or authorised affidavits/certificates is a misdemeanour punishable by a fine of K200 and up to one year in prison.

29. Penalties for fraud If any person commits any of the following offences— (a) fraudulently procures or attempts fraudulently to procure or is privy to the fraudulent procurement of any entry, erasure or alteration in the Register; or (b) in any affidavit or certificate required or authorized to be made for any purpose under tins Act or under any order or general Rules made in pursuance of this Act wilfully makes a false statement in any material particular, he shall be guilty of a misdemeanour and if convicted on information shall be liable to a fine of K200 and to imprisonment for one year.

Section 29Verify source

§ 30Section 30Provision

A person cannot refuse to make full discovery or answer questions in legal or civil proceedings because of this Act.

30. Saving of obligation to make discovery Nothing in this Act shall entitle any person to refuse to make a complete discovery in any legal proceedings or to answer any question or interrogatory in any civil proceedings but no such discovery or answer shall be admissible in evidence against that person in any criminal proceeding under this Act.

Section 30Verify source

§ 31Penalty for non-registration of documentsOffence

A person who wilfully or negligently fails to register a document that must be registered under the Act can be fined K100 on summary conviction or K200 on information.

31. Penalty for non-registration of documents Any person wilfully or negligently failing to register any document which is subject to compulsory registration under this Act shall be liable on summary conviction to a penalty of K100 or on information to a penalty of K200.

Section 31Verify source

§ 32Section 32Provision

A certified true copy of a lost or destroyed registered document may be used as evidence of its contents in Malawi’s courts, subject to just and lawful exceptions.

32. Certified copy admissible as evidence of contents of lost or destroyed document In the event of the loss or destruction of any document registered under this or any previous Act or regulation a copy certified to be a true copy under the hand of the Deeds Registrar shall be admissible in evidence of its contents in all Courts of Justice in Malawi saving all just and lawful exceptions.

Section 32Verify source

§ 33Production of filed document in CourtProvision

If filed documents must be produced in court, an official of the Registry must attend with the document when an application is made and the prescribed fee and any expenses are paid.

33. Production of filed document in Court Where the production in court is required of any filed documents an official of the Registry will attend with the document on receipt of an application made to that effect accompanied by payment of the prescribed fee and expenses if any.

Section 33Verify source

§ 34SearchProvision

Any person may search the Registrar’s indexes and registers and obtain certified copies or official searches if prescribed fees are paid, subject to the Deeds Registrar’s directions; documents filed with the Registrar may not be taken out.

34. Search Subject to such directions as the Deeds Registrar may think proper any person is entitled on payment of the prescribed fees to search the indexes and registers at the office of the Registrar and to have a certified copy of any entry in the Registers and Records in the custody of the Registrar or an official search against index of names but no document filed in the office of the Registrar shall be permitted to be taken therefrom.

Section 34Verify source

§ 35Fees payableAmendment

Fees for registering documents under the Act must be paid as set out in the First Schedule.

35. Fees payable (1) In respect of the registration of documents under this Act the fees stated in the First Schedule shall be payable, provided always that the Court may remit or reduce any of the prescribed fees in special cases for reasons to be recorded. (2) The Minister may from time to time by notice published in the Gazette rescind, revoke, amend or vary the said First Schedule in whole or in part and may add thereto such fees as may be deemed fit. [ First Schedule ]

Section 35Verify source

§ 36Power of Minister to make RulesOffence

The Minister may make Rules to carry this Act into effect, and those Rules may set a penalty of up to K10 for breaches.

36. Power of Minister to make Rules The Minister may from time to time make Rules for the better carrying into effect of this Act. Such Rules may provide a penalty not exceeding K10 recoverable on summary conviction before a magistrate for any breach thereof. First Schedule (Section 35) First column Second column K t 1. On registration of any document 5,000 00 2. For making a photostat copy of any document 5,000 00 plus such sum per page to recoup the cost of the paper used as the Deeds Registrar may, from time to time, determine. 3. For certifying a copy of any document in addition to any charges under paragraph 2 500 00 per page 4. For certificate of official seal 1,000 00 per page 5. For leave to search indices and registers of one title 5,000 00 for each day of search 6. On requisition to produce a document or documents in Court (in addition to any expenses as provided by section 33 of the Act) 5,000 00 7. For any act not specifically prescribed 5,000 00 8. For any act where the fee would otherwise be payable by Government Nil. [G.N. 80/1987] [109/1987] [31/2002] [26/2011] Second Schedule (Section 16(2)) This is to certify that this document was prepared by (a) ______________________________________________________________ and that it is presented for registration by the undersigned. (b) ______________________________________________________________ Date ________________________________________________ (a) Name and address of person who prepared the document or, in the case of a Government Department or office, the words “the Government” to be inserted. (b) Name and address of person or firm presenting the document.

Section 36Verify source

Legislative relationships

6 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

3 instruments

Conveyancing Act, 1882
Section 14
Documents Act
Section 20
Documents Ordinance, 1910
Section 2

G–M

2 instruments

Land Act
Section 17
Minister to make Rules The Minister may make Rules to carry this Act
Section 36

N–S

1 instrument

Stamp Duties for purposes of adjudication of stamp duty under the Stamp Duties Act
Section 7

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