Registration of Deeds Law (Pyidaungsu Hluttaw Law No.9, 2018)

1 F:\Registration Law English\The Registration of Deeds Law(Final)(27.5.2019).docx The Registration of Deeds Law (The PyidaungsuHluttaw Law No.9,2018) The 4th Waxing of Tagu, 1379 M.E. (20 March, 2018) The PyidaungsuHluttaw hereby enacts this Law. Chapter I Title, Enforcement, and Definitions 1. This Law shall be called the Registration of Deeds Law. 2. This Law shall come into force on the date specified by the President of the Union by notification. 3. The following expressions in this Law shall have the meanings as given below: (a) Union means the Republic of the Union of Myanmar; (b) Addition means the name,father’s name,National Scrutiny Card number, and residence of a person described; (c) Endorsement means any entry in writing by a Registrar mentioned in section 7 or section 8 of this Law on the cover page or inside pages or in appendices of any document tendered for registration under this Law; (d) Immovable Property means land,benefits arisen out of land, buildings and things attached to the earth, or permanently fastened to anything which is attached to the earth. This expression does not include standing timber,growing crops or grass; (e) Movable property means any property except immoveable property; (f) Lease means a lease agreement to cultivate, live, occupy,or use by any other means; (g) Minor means a person who has not attained 18 years of age; (h) Representative means an official guardian of a minor or a lunatic. This expression also includes a person assigned to act as 2 F:\Registration Law English\The Registration of Deeds Law(Final)(27.5.2019).docx anrepresentative under the resolution of a meeting of a department, an organisation, a company,or an association; (i) Agent means a person who is appointed to represent for another person in order to carry out any matter or who represents for another person for dealing with the third party; (j) Ministry means the Ministry of Agriculture,Livestock and Irrigation; (k) Minister means the Union Minister of the Ministry of Agriculture, Livestock and Irrigation of the Union Government; (l) Department means the Department of Agricultural Land Management and Statistics under the Ministry of Agriculture, Livestock and Irrigation; (m) Director General means the Director General of the Department of Agricultural Land Management and Statistics; (n) Registrar means a person who is assigned to register documents under this Law; (o) Inspector means the district officer of the Agricultural Land Management and Statistics Department who is responsible for checking registration of deeds within relevant district. Chapter II Determining Different Levels of Registrars and Inspectors 4. The Inspector General of Registration offices shall be the Director General of the Department of Agricultural Land Management and Statistics under the Ministry of Agriculture,Livestock and Irrigation. 5. The Region or State or Union Territory officer of the Department of Agricultural Land Management and Statistics is the Registrar of the relevant Region or State or Union Territory. 6. The district officer of Agricultural Land Management and Statistics Department is the Inspector of the relevant District. 3 F:\Registration Law English\The Registration of Deeds Law(Final)(27.5.2019).docx 7. The officer of the Department appointed and assigned duties by the Director General with the approval of the Union Minister is a Registrar of the City Deeds Registration Office. 8. The township officer of the Department of Agricultural Land Management and Statistics whose position is not lower than deputy staff officer is a Registrar of the relevant township. Chapter III Establishment of Registration of Deeds Offices 9. The Region or State or Union Territory Registration of Deeds Offices shall be amalgamated with the relevant Region or State, or Union Territory Agricultural Land Management and Statistics Department. 10. The Director General shall open the City Registration of Deeds Office in the city municipal area of Nay Pyi Taw,Yangon and Mandalay by amalgamating all or some townships within the city municipal area. 11. Registration of Deeds offices for the remaining Townships other than townships mentioned in section 10 shall be amalgamated with the relevant Township Agricultural Land Management and Statistics Department. 12. The Director General may appoint required staff and assign duties for Registration of Deeds Offices with the approval of the Ministry. 13. The Director General may delegate the duties of the Registrar mentioned in section 7 or section 8 to any suitable officers from the Department to proceed registration process. 14. The Director General may determine the format of Registers and forms used in the Registration of Deeds Offices according to the requirements of work. 15. Registration of Deeds Offices shall: (a) use the seal of the Registrar and office stamp,in the form and size containing description prescribed by the Department; 4 F:\Registration Law English\The Registration of Deeds Law(Final)(27.5.2019).docx (b) use the prescribed registers and forms printed by the Department; (c) write the consecutive printed serial number on every page of the Registers that are in use; (d) keep the safety box provided by the Department; and (e) keep a record-room for the security of records relating to the registration of deeds. Chapter IV Registration of Deeds 16. The following documents are determined as the documents which require compulsory registration under this Law: (a) instruments of gift of immoveable property; (b) instruments of sale of immoveable property which is valued at one hundred thousand kyats and upwards,instruments, otherthan wills which are executed for the validity of declaration,assignment, limitation,extinction or abolishment of any right, title or interest to or in such immoveable property, and judgments, decrees or orders of the court on the ownership related to such instruments; (c) mortgage instruments and instruments that extinguish the mortgage signed by the mortgagee and at least two witnesses except a mortgage by deposit of title deeds to property which is valued at one hundred thousand kyats and upwards; (d) leases of immoveable property from year to year, or for any term exceeding one year, or reserving a yearly rent; (e) instruments by which a whole or part of immoveable property or interest in such immoveable property is mortgaged or given or assigned in any manner by a company or association to the trustee; (f) instruments of kittima adoption; and (g) other instruments prescribed by the Union Government from time to time. 5 F:\Registration Law English\The Registration of Deeds Law(Final)(27.5.2019).docx 17. Registration is optional under this Law for the following documents: (a) instruments of sale of immoveable property which is valued at less than one hundred thousand kyats, or instruments acknowledging the receipt or payment of any consideration on account of declaration, assignment, limitation, extinction or abolishment of any right, title or interest on such immoveable property at present or in the future; (b) mortgage instruments related to property which is valued at less than one hundred thousand kyats; (c) leases of immovable property for a term not exceeding one year; (d) instruments which are executed on account of declaration, assignment, limitation, extinction or abolishment of any right, title or interest to or in movable property; (e) wills; (f) instruments of family arrangement; (g) degrees or orders of courts and arbitral awards; (h) certificates of sale granted to purchasers of any immovable property sold by public auction by courts or revenue officers or government departments or government organisations; (i) grants or instruments of partition of immovable property made by the government departments or government organisations; and (j) other instruments other than documents which require compulsory registration mentioned in section 16. 18. All documents presented to Registration of Deeds Offices for registration shall: (a) be written in Myanmar language; (b) be attached notarized translation of Myanmar language if they are not written in Myanmar language; (c) be written completely and signed by the parties; and 6 F:\Registration Law English\The Registration of Deeds Law(Final)(27.5.2019).docx (d) be attested with initials or signatures by the parties in the places of alteration, addition,blank or erasure to or in the documents if a document in which any alteration, addition, blank or erasure appears. 19. The Registrar, mentioned in section 7 or section 8, shall make a note in the register of alteration, addition, blank or erasure to or in the document if it appears in the document presented for registration. 20. Where a document relating to immoveable property other than a will is presented for registration, a clear description of type, structure,size and location of such immoveable property shall be mentioned clearly in order to identify it, and if immoveable property is land, two sets of certified map and history of holding,issued by the relevant government department or government organisation,shall be presented. Chapter V Time Limit for Presenting Document for Registration 21. Any other documents, other than a will executed within the Union, shall be presented for registration within 120 days from the date of its execution or from the date of the court decree or order. However, where the court decree or order is appealed, the date for the document to be presented for registration shall be counted from the date on which it becomes final. 22. Where there are more than two persons executing and signing a document at different times, such document shall be presented for registration within 120 days from the date of last signing. 23. Where any document other than a will executed within the Union or a decree or an order of a court cannot be presented till the expiration of the specified period in section 21 for any reason: 7 F:\Registration Law English\The Registration of Deeds Law(Final)(27.5.2019).docx (a) a person who wishes to register it shall apply to a Registrar mentioned in section 7 or section 8; (b) the Registrar shall, upon receipt of the application subject to sub section (a),present it to the Region or State or Union Territory Registrar; (c) The Region or State or Union Territory Registrar shall scrutinise the application presented according to sub-section(b), and will accept it for registration on payment of a fine where the delay in presentation does not exceed 120 days from the expiration of the specified period. 24. With regard to a document executed out of the Union: (a) a person who wishes to apply for registration shall present it to the Registrar mentioned in section 7 or section 8 for registration within 120 days from the date of its arrival in the Union; (b) the Registrar mentioned in section 7or section 8 shall scrutinise the document presented under sub-section (a) and register it if it is in conformity with the stipulations; (c) if a person who wishes to apply for registration after the expiration of specified period,the procedure shall be in accordance with section 23. 25. Documents relating to immoveable property shall be registered at the Registration of Deeds Office mentioned in section 10 or section 11 where such immoveable property is situated. Other documents may be presented for registration to any Registration of Deeds Office. 26. A certified copy of decree or order of a court shall be registered at the following offices: (a) the Registration of Deeds Office mentioned in section 10 or section 11 located within the same territory as the court that made the 8 F:\Registration Law English\The Registration of Deeds Law(Final)(27.5.2019).docx original decree or order if the decree or order is related to an immoveable property; (b) any Registration of Deeds Office, if it is not related to sub-section (a). 27. Region or State or Union Territory Registrars have the power to direct Inspectors to, if required, inspect the documents registered by their subordinate Township Registrars or to carry out the inspection in accordance with this Law. 28. An Inspector has power to, upon the assignment under section 27, summon and examine the Registrar mentioned in section 7 or section 8,or any staff from the Registration of Deeds Office or any person related to the documents presented for registration. 29. In ordinary cases, the Registrar mentioned in section 7 or section 8 shall make registration of documents and accept deposit of wills at the Registration of Deeds Office mentioned in section 10 or section 11, but on special cases, such Registrar has the right to attend at the residence of any person desiring to present a document for registration or to deposit a will, and make registration of such document or accept deposit of such will. Chapter VI Persons who have the Right to present Documents for Registration 30. Except in the cases mentioned in section 29 or section 81, the following persons have the right to present documents to the Registration of Deeds Office mentioned in section 10 or section 11: (a) persons executing the documents or beneficiaries under the decree or order if it is a decree or an order of a court; (b) persons mentioned in section 3 (h); (c) the following persons authorized by the persons mentioned in sub section(a): 9 F:\Registration Law English\The Registration of Deeds Law(Final)(27.5.2019).docx (1) a person holding a power of attorney which is executed before and authenticated by the Registrar mentioned in section 7 or section 8 within whose territory the person who confers authority resides, if the person who confers authority resides within Myanmar at the time of executing the power of attorney; and (2) a person holding a power of attorney which is executed before or authenticated by any official appointed at the Embassy of Myanmar in the relevant county, if the person who confers authority resides abroad and applies for the registration. 31. (a) The executants may present the document to the Registrar mentioned in section 7 or section 8 individually or collectively. (b) The Registrar mentioned in section 7 or section 8 shall, upon the receipt of the document presented for registration under sub section (a),shall scrutinise the following: (i ) whether the document is executed by mutual consent; (ii) whether the executants themselves appear for registration; or (iii) whether the persons presenting document for registration are representatives or agents of the executants. (c) The provisions in sub-sections (a) and (b) shall not apply to decrees or orders of courts. 32. The Registrar mentioned in section 7 or section 8 may accepted and register the document if: (a) the Registrar knows personally or in other way that all the persons executing the document are the persons they represent themselves to be; 10 F:\Registration Law English\The Registration of Deeds Law(Final)(27.5.2019).docx (b) the executants or their agents or representatives admit the execution of the document; (c) the document is presented for registration under an order or a decree of a court upon death of the executant; (d) the prescribed stamp is affixed to the document in accordance with the Myanmar Stamp Act and other existing laws; and (e) the persons appearing before the Registrar are persons related to the document. 33. The Registrar mentioned in section 7 or section 8 shall: (a) enquire in accordance with the provisions of this Law whether the document was actually executed by the executants themselves and the contents are correct; and (b) enquire whether the persons presenting the document for registration admit the execution of the document, but they shall not enquire the ownership of property transferred under the document presented for registration. 34. The Registrar mentioned in section 7 or section 8 shall refuse to register the document if: (a) any person among the executants denies or does not admit its execution; (b) the Registrar presumes that any executant is a minor, an idiot or a lunatic; (c) the evidence for list of property is not clearly stated in the documents relating to the immoveable property;or (d) any documents relating to immoveable property is presented for registration without attaching certified map and history of holding mentioned in section 20. 11 F:\Registration Law English\The Registration of Deeds Law(Final)(27.5.2019).docx Chapter VII Exemption for Executants and Witnesses 35. The Registrar mentioned in section 7 or section 8 may issue a summons against any person or agent to appear at the Registration of Deeds Office for the purpose of inquiry with respect to the documents presented for registration. 36. (a) The following persons are exempted from appearance at the Registration of Deeds Office: (1) persons who, by reason of bodily infirmity or disability, are unable to appear at the Registration Office; (2) persons in jail; or (3) persons exempted by existing law from personal appearance in a court. (b) If any person mentioned in sub-section (a) apply for registration of documents, the Registrar mentioned in section 7 or section 8 shall either himself go to the house of such person or to the hospital or to the jail in which he is confined, and examine him, or issue a commission to any staff from the Registration of Deeds Office for his examination. Chapter VIII The Deposit of Wills 37. A will may at any time be presented for deposit or registration. 38. The testator may, either personally or by representative, deposit his will in a sealed cover with the Registrar mentioned in section 7 or section 8. 39. The following information shall be superscribed on the sealed cover deposited under section 38: (a) name of the testator or his agent; 12 F:\Registration Law English\The Registration of Deeds Law(Final)(27.5.2019).docx (b) the nature of will; (c) the date of presentation of will for registration; and (d) name of witnesses. 40. If the Registrar mentioned in section 7 or section 8, after scrutinising the will deposited under section 38, finds that it is true, he shall transcribe the following information in Register book No.5 and keep this will in the safety box provided by the Department at the Registration of Deeds Office: (a) year, month, day and time of presentation of will for deposit; (b) name of the testator or his agent; (c) name of witnesses; and (d) superscription on the sealed cover. 41. With regard to application for withdrawal of deposited will, the Registrar shall, on receipt of such application, deliver the will if he is satisfied that the applicant is the real testator or his agent. 42. The Registrar mentioned in section 7 or section 8 shall: (a) open the sealed cover in the applicant’s presence at the applicant’s expense, and copy the contents contained in the will into Register book No.3 if application is made to open a sealed cover on the death of a testator who has deposited the will under section 38, and if the Registrar is satisfied that the testator is dead; (b) re-deposit the original will in the safety box provided by the Department at the Registration of Deeds Office after copying the contents into the Register under sub-section (a); (c) submit the will to the court if a court notifies to do so;and (d) follow the procedure according to sub-section (a) and submit the will to the court and record it in the Register if the sealed cover is not yet opened at the time of submission to the court. 13 F:\Registration Law English\The Registration of Deeds Law(Final)(27.5.2019).docx Chapter IX Registration of Wills and Deeds of Kittima Adoption 43. The testator or after his death any administrator or interested person according to a will may present the will to any Registrar mentioned in section 7 or section 8 for registration. 44. The Registrar mentioned in section 7 or section 8 shall allow the registration of the will presented in accordance with section 43 in the same manner as any other documents. 45. The Registrar mentioned in section 7 or section 8 shall register wills presented for registration if: (a) the will is written and presented by the testator himself;and (b) the will is presented by any administrator or person interested in the testator by showing sound evidence in case where the testator is dead. 46. A deed of KittimaAdoption shall be registered in the same manner as any other documents in accordance with the Registration of Kittima Adoptions Act 1939,upon presentation for registration made by an adoptive person or the adopted person. Chapter X The Effects of Registration 47. All documents which have been duly registered under this Law: (a) shall come into effect from the date of execution;and (b) shall take effect against any oral agreement or declaration relating to moveable or immoveable property where such oral agreement or declaration are contrary to their terms and conditions; 14 F:\Registration Law English\The Registration of Deeds Law(Final)(27.5.2019).docx (c) shall not apply to any property that has been delivered according to oral agreement or declaration that are contrary to the terms and conditions of the documents although they take effect on such agreement or declaration under sub-section(b). 48. If documents required compulsory registration under section 16 are not registered, such documents: (a) shall have no effect on the transfer or lease of immoveable property; (b) shall not be official evidence for Kittima adoption; (c) shall not be official evidence for the property mentioned in the document or for the power conferred under the document. 49. If documents mentioned in sub-sections (a),(b),(c),(d)and (e) of section 16 and sub-sections (a),(b)and (c) of section 17 are registered, commitments and conditions with respect to property mentioned in those documents shall be valid. Chapter XI Duties and Powers of Registrars and Inspectors 50. The Registrar mentioned in section 7 or section 8: (a) shall follow the following procedures to register a document: (1) endorsing the date,time and place of presentation on the document, and directing the person presenting a document to sign on such document; (2) issuing a receipt for such document to the person presenting it; (3) recording, without delay, every document admitted to registration in the appropriate register according to the order of its admission. 15 F:\Registration Law English\The Registration of Deeds Law(Final)(27.5.2019).docx (b) shall sign in the Register after checking the document presented for registration with the Register in accordance with the instruction of Director General. 51. The Registrar mentioned in section 7 or section 8 shall: (a) endorse the following particulars on a certified copy of a decree or an order of a court, or other documents other than copies sent under sub-sections (a)and (b) of section 83 for registration upon receipt of them: (1) the signatures and additions of all executants admitting the execution of the document or representatives or agents; (2) the signatures and additions of every person examined in reference to the document under the provisions of this Law; (3) any admission of receipt of consideration in whole or in part, any payment of money or delivery of goods made in his presence in reference to the execution of the document. (b) If any executant refuses to endorse on the document with respect to admission contained in sub- section (a),such refusal shall be noted after registration. 52. The Registrar mentioned in section 7 or section 8 shall affix the date and his signature to all endorsements made under section 50 and 51, relating to the same document and made in his presence on the same day. 53. The Registrar mentioned in section 7 or section 8 shall: (a) endorse the word “registered” on the document together with the number and page of the register in which the document has been recorded after registration of documents presented for registration in accordance with the provisions of this Law; and 16 F:\Registration Law English\The Registration of Deeds Law(Final)(27.5.2019).docx (b) sign, seal and date on the document endorsed under sub section(a), and after that the document has been duly registered. 54. The Registrar mentioned in section 7 or section 8: (a) may, if necessary, direct any person examined by him to present an affidavit made before the court; (b) may, if necessary, record a note of the statement made by each person examined by him; (c) shall read over the statement of examinees and shall sign on that statement if they admit the correctness of the statement; (d) shall consider every recorded note of the statements so signed by him as proved evidence. 55. (a) The Registrar mentioned in section 7 or section 8 shall carry out his duties under the supervision of District Inspector. (b) If the Inspector receives any complaint made against any act of the Registrar mentioned in section 7 or section 8, he shall inspect it as may be necessary and report to the Region or State or Union Territory Registrar to take an appropriate action if he finds out any unlawful act of the Registrar mentioned in section 7 or section 8. (c) The Region or State or Union Territory Registrar may make a decision after scrutinising the report made by the District Inspector. 56. The Region or State or Union Territory Registrar shall report, if necessary, to the Director General for: (a) destroying unnecessary documents at Registration of Deeds Offices mentioned in section 10 or section 11; and (b) giving exemption from a fine. 17 F:\Registration Law English\The Registration of Deeds Law(Final)(27.5.2019).docx 57. The Region or State or Union Territory Registrar shall be liable to supervise all registration of Deeds offices which are under his supervision in order to comply with law. 58. The Director General may exempt a registration fee in whole or in part with the approval of the Minister. Chapter XII Refusal to Register and Appeal 59. The Registrar mentioned in section 7 or section 8: (a) shall record his reasons for refusal in the specified register book and endorse the words “registration refused” on the document if he refuses to register the document presented for registration for any reason mentioned in section 34. (b) shall, on application for issuing of the order of refusal, give a certified copy of the reasons so recorded to the person executing or the person claiming under the document that is refused to be registered under sub-section (a), without payment; (c) shall, if necessary to issue the document refused to be registered under sub-section (a), issue it according to only the order of the Region or State or Union Territory Registrar. 60. (a) Any person who is dissatisfied with any of the following decision made by the Registrar mentioned in section 7 or section 8 has right to appeal against an order of the Region or State or Union Territory Registrar within 30 days from the date of the order in accordance with the stipulations: (1) refusal made on the ground that any person by whom it purports to be executed denies its execution; 18 F:\Registration Law English\The Registration of Deeds Law(Final)(27.5.2019).docx (2) refusal made by any other reason except on the ground that the property included in the document does not situate within the jurisdiction of the Registrar. (b) No appeal shall lie against any order passed by the Region or State or Union Territory Registrar. 61. The Region or State or Union Territory Registrar may, upon receipt of an application of appeal and a copy of decision of refusal made by the Registrar mentioned in section 7 or section 8 within the specified timeline, assign an Inspector to scrutinise them in accordance with Law. 62. The Inspector shall, upon receipt of assignment under section 61,report the findings back to the Region or State or Union Territory Registrar within 15 days from the date of assignment after carrying out the following: (a) summoning all persons presenting documents for registration, executants and witnesses to the office and examining them; (b) requestingthe necessary evidence and documents from the persons concerned. 63. The Region or State or Union Territory Registrar shall scrutinise the report of inspector and pass an order that verifies or alters the decision of the Registrar mentioned in section 7 or section 8 within 7 days from the date of receiving the report. 64. If the Region or State or Union Territory Registrar passes an order that alters the decision of refusal made by the Registrar mentioned in section 7 or section 8,a person who appeals may re-present the document to the Registrar mentioned in section 7 or section 8 for registration within 30 days from the date of such order. 65. The approved document to be registered in accordance with section 64 shall be presumed that it was registered on the date of initial application. 19 F:\Registration Law English\The Registration of Deeds Law(Final)(27.5.2019).docx 66. (a) Where the Region or State or Union Territory Registrar verify the decision of refusal made by the Registrar under section 7 or section 8, any person who appeals may file a suit in the relevant court for passing a decree of an order directing the document to be registered at the relevant Registration of Deeds office within 30 days from the date of verifying the decision of refusal. (b) The person who appeals shall, upon receipt a decree or order of the Court to register the document, present the document to the Registrar mentioned in section 7 or section 8 within 30 days from the date of receiving such decree or order for registration. 67. The Registrar mentioned in section 7 or section 8 shall register the document presented under sub-section(b)of section 66. Chapter XIII The Fees for Registration,Searches and Copies 68. The Ministry shall specify fees payable for the following matters and publish such rate of fees in the Gazette, and direct to affix it to a conspicuous place of every Township Registration of Deeds office: (a) forregistration of documents; (b) forsearching registersand copying documents and contents; (c) for appointment of commissioners; (d) for attending at private residences; (e) for filing translations; (f) for the safe custody, opening and return of will in a sealed cover; (g) for the safe custody of registered documents or documents refused to be registered as they are unclaimed, and for conducting other matters. 20 F:\Registration Law English\The Registration of Deeds Law(Final)(27.5.2019).docx 69. Fees for the registration of documents included in fees determined under section 68 shall be paid by the person who presents the documents to register on the presentation of such documents. Chapter XIV Documents to be considered to have been registered 70. The following documents or maps shall be deemed to have been registered under this Law; (a) documents issued, received or authenticated by the officer who determines or revises land revenue; or (b) documents and maps issued, received or authenticated by the officer engaged on behalf of government in making the survey of any land; or (c) documents relating to village records which are sent periodically to the revenue office under any existing law; and (d) documents evidencing transfer of land or any interest in land to the Union Government. 71. Every person areentitled to see and copy all documents and maps mentioned in section 70 after the payment of specified fees. Chapter XV Prohibitions 72. Any person who has been appointed for the purposes of registration under this Law shall not add, amend or remove anything to or from any document, or copy, translate or register any document presented for registration or any deposited document in a manner which he knows or believes to be incorrect, intending to cause, or knowing it to be likely that he may cause, injury to any person. 21 F:\Registration Law English\The Registration of Deeds Law(Final)(27.5.2019).docx 73. No one shall act any of the following: (a) making false statement before any Registrar or Inspector in any proceeding or enquiry under this Law; (b) intentionally delivering a false document or translation or a false copy of a map or plan to a Registrar; or (c) presenting any document, or making any statement, or doing any other fraudulent act by personating executant of the document or his agent in any proceeding or enquiry under this Law. Chapter XVI Penalties 74. Any person who violates any prohibition in section 72 or section 73 shall, on convicted, be punished with imprisonment for a term not exceeding 7 years or with a fine or with both. 75. Any person who abets violation of any prohibition in section 72 or section 73 shall, on conviction, be punished with penalty prescribed for that offence. 76. Any person who commits the same offence shall, after a prior conviction, be punished with imprisonment of 7 years and be liable to a fine for the subsequent offence. Chapter XVII Miscellaneous 77. No prosecution or action shall be brought or taken against any Registrar or Inspector by reason of refusing, inspecting and implementing in good faith in accordance with the provisions of this Law. 78. The relevant Registrar or Inspector shall act as a witness, or issue a certified copy of the required documents without payment on application of 22 F:\Registration Law English\The Registration of Deeds Law(Final)(27.5.2019).docx direct complain made by an aggrieved person who suffers due to violation of any prohibitions by any other persons before the court. 79. The Registrar mentioned in section 7 or section 8 may, with the approval of the Region or State or Union Territory Registrar, destroy documents, other than wills, which are redeemed within 24 months. 80. Nothing done in good faith pursuant to this Law by any Registrar mentioned in section 7 or 8 shall be deemed invalid merely by reason of any defect in his registration because he registered the documents according to the statements made by executants and persons presenting the documents for registration. 81. Notwithstanding anything contained in this Law, any official assignee or any official trustee for the Government’s property is exempt from appearing in person or by representative at the Registration of Deeds Office, and exempt from signing under section 50 in respect of the document executed under his authority. 82. The Registrar mentioned in section 7 or section 8 may enquire the executants with respect to documents executed under section 81, if required.He shall register the documents on believing in execution. 83. (a) The court granting a certificate of sale of immoveable property under the Code of Civil procedure shall send a copy of such certificate to the Registrar mentioned under section 7 or 8 where such immoveable property is situated. (b) The relevant officer shall send a copy of sale certificate, which is granted to the purchaser of immoveable property sold by public auction, to the Registrar mentioned in section 7 or 8 where such immoveable property is situated. (c) The Registrar mentioned in section 7 or 8 must file a copy of certificate or sale certificate granted by the court under sub–sections (a) and (b) in the specified register. 23 F:\Registration Law English\The Registration of Deeds Law(Final)(27.5.2019).docx 84. (a) If there is any objection raised during the registration process, a personwho raised an objection must submit a temporary injunction issued by the relevant court within 90 days. If the person failed to do so within the specified period, the registration process shall be continued. (b) If a person who wishes to cancel a document registered under this Law from registration, the person shall apply to the relevant court to cancel such documents under the provisions of the Specific Relief Act. (c) The Township Registrar shall, upon receipt of the certified copy of a decree or an order passed by the court, act in accordance with such degree or order for the application submitted under sub-section(b). 85. The rules, regulations, notifications, orders, directives and procedures issued under the Registration Act, India XVI, 1908,Vol.X may be applicable as long as they are not contrary to this Law. 86. For the implementation of this Law: (a) the Ministry may, with the approval of Union Government, issue rules, regulations and bye-laws; (b) the Ministry and Department may issue notifications, orders, directives and procedures. 87. The Registration Act, India Act XVI 1908 VoI.X is hereby repealed by this Law. I hereby sign in accordance with the Constitution of the Republic of the Union of Myanmar. (Sd)HtinKyaw President The Republic of the Union of Myanmar