Cap. 364 чл. 65Duties of notaries in the execution of deeds concerning immovable property.

(1) It shall be the duty of every notary executing any deed of partition, sale, grant, assignment or other transfer of immovable property or of rights annexed thereto, to state in the deed whether the property in question came to the partitioners, sellers, grantors, assignors, or other transferors by onerous title or under a transfer or otherwise, and -causa mortis

(a) where such property came to the said persons by onerous title, or was assigned to such persons under a deed of partition, or was acquired by such persons under any title, other than by a transfer causa mortis, or came to the said persons under a transfer causa happening prior to the 25th November 1992, or mortis came to the said persons under a chargeable transmission referred to in article 3 of the Death and Donation Duty (Repeal) Act, 1993, to record in the deed all relevant details: Provided that, where the notary is not engaged to examine the title of property so transferred in accordance with article 84C of the Notarial Profession and Notarial

Archives Act, he may make such statement by basing himself on the declarations of the transferors on the relative deed;

(b) where such property, not being property assigned to the said persons under a deed of partition, came to the said persons under a transfer causa mortis, other than by a transfer as is referred to in paragraph (a), to indicate in the deed the date on which a declaration in respect of the transfer causa mortis was made giving all details of the deed whereby the declaration was made;

(c) saving the provisions of article 62, where the parties to a deed correct the said deed by means of a deed of correction or where a Notary publishes any notarial corrective deed in terms of article 45A of the Notarial Profession and Notarial Archives Act and which deed has the effect of altering the amount of tax which was due on the said original act, such Notary shall also give notice in terms of this Act and pay any difference in tax, if due. The said deed of correction or notarial corrective deed may also be used as a basis to make a claim for refund of any overpaid tax: Provided that the provisions of article 51(2) shall only apply as from the date of the said deed of correction or the notarial corrective act:

Provided further that the provisions of this sub-article shall not apply where the property is transferred by the Government.

(2) No deed referred to in sub-article (1) shall be executed where the property has come to the partitioners, sellers, grantors, assignors or other transferors under any transfer other causa mortis than a transfer referred to in sub-article (1)(a) unless the relative declaration of the transfer has been made. causa mortis

(3) If a notary contravenes the provisions of sub-article (1), he shall be guilty of an offence and shall be liable, on conviction, to a fine (ammenda) of not less than twenty-three euro (23) and not exceeding two hundred and thirty euro (230) for each contravention, and the proviso to article 11 shall apply to this article.

(4) If a notary contravenes the provisions of sub-articles (1) or (2), he shall be liable for the payment of double the relative duty.