ARRANGEMENT OF SECTIONS
1. Short title
4. Official seal
5. Power to sue
6. Compulsory registration of documents
7. Time for presenting documents for registration
8. Charges on land take priority according to date of registration
9. Holder of mortgage entitled to certificate of registration
10. Registration of recognizance
11. Registration of lis pendens
12. Cancellation of registration
13. Registration defined
14. Power of attorney
15. Registration of map accompanying document
16. Persons to present documents for registration
17. Description of parcels
18. Documents in foreign language
19. Fees and duties to be paid before registration
20. Right of Registrar to refuse documents
21. Registrar to refuse documents executed by companies in certain circumstances
22. Registration not to cure defect or confer validity
23. Copy documents to be numbered and filed in order of lodgment
24. Endorsed memorandum prima facie proof of registration
25. Indemnity of Deeds Registrar
26. Amendment of Register
27. Appeal and reference to the Court
28. Effect of non-registration
29. Penalties for fraud
30. Saving of obligation to make discovery
31. Penalty for non-registration of documents
32. Certified copy admissible as evidence of contents of lost or destroyed document
33. Production of filed document in Court
35. Fees payable
36. Power of Minister to make Rules
8 of 1916
8 of 1951
16 of 1958
28 of 1960
11 of 1963
6 of 1967
25 of 1968
51 of 1971
An Act to replace with amendments the law as to the registration of documents relating to land
[31ST MARCH 1916]
This Act may be cited for all purposes as the Deeds Registration Act.
All documents affecting land registered under the Registration of Documents Ordinance, 1910 (now repealed) or under any previous regulation shall be deemed to be registered under this Act.
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 in writing 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.
(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.
The Deeds Registrar may sue and be sued by his official title.
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.
(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 this Act the same shall be presented for registration within three months of the commencement of this Act;
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