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relation to any transaction since the date of the Act.
These doubts have now been resolved as a result of a
decision of the High Court. In the case of
Guckian and
Another v Brennan and Another,
Mr. Justice Gannon
held that in purchasing registered land every prudent
Solicitor for a Purchaser should make enquiries as to the
position regarding the Family Home Protection Act in so
far as. the Vendor was concerned, both in relation to the
Contract for Sale and the Deed of Transfer. He said in his
judgment that Solicitors need not and should not go
behind the Folio because to do otherwise would defeat the
purpose of the Registration of Title Act. The duty was on
the Registrar of Titles to register only valid Transfers.
Unregistered Property
(3) The only thing to remember again, is to retain all
Statutory Declarations of Verification in respect of all
transactions since the Family Home Protection Act
carefully with the Title Deeds.
1.
(Family Home — Vendors married)
We A.B. and C.D. of
both aged twenty-one
years
and
upwards
DO
SOLEMNLY
AND
SINCERELY DECLARE AND SAY as follows:—
(1) By an Agreement for Sale dated the
day of
we agreed to sell the premises known as
to X.Y. and Z.Q.
(2) The said premises are our family home being the
dwellinghouse in which we ordinarily reside.
(3) We were married to each other on the
day of
and we refer to a copy Certificate of said Marriage
upon which marked with the letter "A" we have signed
our names prior to the completion hereof. We are now the
lawful spouses of each other and neither of us has been
married to any other person.
(4) We make this Solemn Declaration for the
satisfaction of X.Y. and Z.Q. conscientiously believing the
same to be true for the purposes of the Family Home
Protection Act 1976 and by virtue of the Statutory
Declarations Act 1938.
DECLARED before me by
the said A.B. and C.D. who
are personally known to me
(or who are identified to me
by
who is
personally known to me)
at
in the City of
this day of
19
and 1 know
the Declarants.
COMMISSIONER
OATHS
FOR
2.
(Family Home in Single name)
We A.B. (wife) and C.D. (husband) both of
aged twenty-one years and upwards DO SOLEMNLY
AND SINCERELY DECLARE as follows:—
(1) By an Agreement for Sale dated the
day of
19
C.D. agreed to sell the premises known as
to X.Y. and A.B. and endorsed her consent to
the sale on the Agreement.
(2) The said premises are our family home being the
dwellinghouse in which we ordinarily reside.
(3) We were married on the
day of
19
and we refer to a copy Certificate of said Marriage
marked with the letter "A" upon which we have signed
our names prior to the completion hereof. We are now the
lawful spouses of each other and neither of us has been
married to any other person.
(4) We make this Solemn Declaration for the
satisfaction of the said X.Y. conscientiously believing the
same to be true for the purposes of the Family Home
Protection Act 1976 and by virtue of the Statutory
Declarations Act 1938.
DECLARED before me by
the said A.B. and C.D. who
are personally known to me
(or who are identified to me
by
who is per-
sonally known to me) at
in the City of
this day of
19
and I know the Declarants.
COMMISSIONER
OATHS
FOR
3.
(Not Married)
I A.B. of
aged twenty-one years and upwards
DO SOLEMNLY AND SINCERELY DECLARE
AND SAY as follows:
(1) By an Agreement for Sale dated the
day of
, I agree to sell the premises known as
to X.Y.
(2) At the date of the said Agreement and at the date
hereof I was and am not married and I have never been
married to any person so that the said premises are not
and have not been during the period of my ownership
thereof a dwelling in which a married couple ordinarily
reside.
(3) I make this Solemn Declaration for the satisfaction
of the said X.Y. conscientiously believing the same to be
true for the purposes of the Family Home Protection Act
1976 and by virtue of the Statutory Declarations Act
1938.
DECLARED before me by
the said A.B. who is
personally known to me (or
who is identified to me by
who
is
personally known to me)
at
in the City of
this
day
of
19
and 1
know the Deponent.
COMMISSIONER FOR OATHS