Section 302
Enquiries, etc., by Registrar
of National Land Code (Revised - 2020)
(1)
Subject to subsection (2), the Registrar may make such enquiries, and require the production of such evidence, oral or documentary, as he may consider necessary or desirable for the purpose of determining the fitness of any instrument for registration under this Part.
(2)
The powers conferred by this section shall be exercisable subject to the limitations imposed by section 303 and, in the case of any instrument executed under a power of attorney, paragraph 311(b).
Limitations on Registrar’s powers 303.
The powers of the Registrar under section 302 shall be subject to the following limitations:
(a)
he shall not be concerned to enquire whether any transfer of a lease, or grant or transfer of a sublease, constitutes a breach of any agreement against assignment or subletting;
(b)
in the case of any lease, sublease or surrender granted or accepted under section 275 by a chargee in possession of any land, he shall not be concerned to enquire whether the chargee was rightfully in possession;
(c)
he shall not enquire into the validity of any certificate of sale issued by an officer of the Court under subsection 259(3); and 310
National Land Code 461
(d)
in the case of any dealing effected by a person or body who is registered as trustee or representative, or by the
Director General of Insolvency in his capacity as such, he shall not be concerned to enquire whether the dealing is consistent with the trusts by which the land or interest in question is affected or contrary to any prohibition or limitation in the instrument creating the trusts.