DEEDS REGISTRATION

CHAPTER 58:02
DEEDS REGISTRATION

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Saving

    3.    Interpretation

    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

    34.    Search

    35.    Fees payable

    36.    Power of Minister to make Rules

        Schedules

8 of 1916
8 of 1951
16 of 1958
28 of 1960
11 of 1963
6 of 1967
25 of 1968
51 of 1971
G.N. 106/1942
219/1964(N)
137/1966
166/1967
224/1971
89/1987
109/1987
26/2011

    An Act to replace with amendments the law as to the registration of documents relating to land

1.    Short title

    This Act may be cited for all purposes as the Deeds Registration 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    All documents affecting land registered under the Registration of Documents Ordinance, 1910 (now repealed) or under any previous regulation shall be deemed to be registered under this Act.

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 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.

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.

5.    Power to sue

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

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.

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 this Act the same shall be presented for registration within three months of the commencement of this Act;

    (d)    the…