Deeds Registries Act, 1937 (Act No. 47 of 1937)

Chapter III : Registration of Land

Transfer of Land

25. Transfer to unascertained children

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(1)If land or a real right or a bond is donated or bequeathed to the children born or to be born of any person or of any marriage, or is otherwise acquired on behalf of such children, transfer of the land or cession of the real right or bond on behalf of such children may be passed in the case of children born or to be born of a person, to that person in trust for such children, and in the case of children born or to be born of a marriage, to the person who would be the guardian of those children during their minority, in trust for such children.

[Section 25(1) substituted by section 10 of Act No. 43 of 1962]

 

(2)If land or a real right or a bond is donated to the children born or to be born of any person or of any marriage, the person to whom transfer or cession may be passed in terms of subsection (1), may for the purposes of such transfer or cession, accept the donation.

[Section 25(2) substituted by section 10 of Act No. 43 of 1962]

 

(3)When the identity of all such children has been established the registrar shall make an endorsement on the title deed or bond setting out their names, whereupon the title deed or bond shall be deemed to be to and in favour of such children in the same manner as if the transfer or cession had originally been passed to them by name notwithstanding the provisions of section 17 (1).

[Section 25(3) substituted by section 30 of Act No. 88 of 1984]