Act 16
Land Act
1998
40. (1) No person shall( a) sell, exchange, transfer, pledge, mortgage or lease
any land; or
( b) enter into any contract for the sale, exchange,
transfer, pledging, mortgage or lease of any land;
( c) give away any land inter vivas, or enter into any
other transaction in respect of land(i) in the case of land on which the person
ordinarily resides with his or her spouse,
and from which they derive their
sustenance, except with the prior written
consent of the spouse;
(ii) in the case of land on which a person
ordinarily resides with his or her
dependent children of majority age,
except with the prior written consent of
the dependent children of majority age;
(iii) in the case of land on which a person
ordinarily resides with his or the children
below the age of the majority, except with
the prior written consent of the
Committee;
(iv) in the case of land on wh~ch ordinarily reside
orphans below majority age with interest
in inheritance of the land, except with the
prior written consent of the Committee.
(2) Subsection ( 1) of this section shall not apply to any
transfer of land by a mortgagee in exercise of powers under the
mortgage.
(3) Where consent is required to be given by a person
other than the Committee under subsection (1) of this section, the
consent shall be given to tht( Committee by the person giving the
consent.
47
Restrictions
on transfer
of land by
family
members.
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