113Sale or mortgage by judgment debtor of land affected by order

113 Sale or mortgage by judgment debtor of land affected by order

113 Sale or mortgage by judgment debtor of land affected by order

(cf Act No 52 1970, section 98A; Act No 9 1973, section 112; Act No 11 1970, section 62A)

(1) This section applies to land the subject of a writ for the levy of property—

(a) that is registered, in the Register kept under the Real Property Act 1900, pursuant to section 105 of that Act, or

(b) that is registered, in the General Register of Deeds kept under the Conveyancing Act 1919, pursuant to section 186 of that Act.

(2) During the period—

(a) that begins when the writ is registered in the relevant register, and

(b) that ends at the expiration of 6 months after the writ is registered in the relevant register, or on the expiration of the writ, whichever first occurs,

land the subject of the writ may not be sold or mortgaged by the judgment debtor otherwise than in accordance with this section.

(3) Before the land may be sold or mortgaged by the judgment debtor—

(a) the judgment creditor—

(i) must consent, by notice in writing, to the sale or mortgage of the land by the judgment debtor, and

(ii) must stipulate, in the notice of consent, the minimum amount to be paid to the Sheriff from the proceeds of the sale of the land or from the money advanced under the mortgage of the land, and

(b) the judgment debtor must lodge the notice of consent with the Sheriff, and

(c) the Sheriff, after due inquiry, must endorse the notice of consent with a certificate to the effect that the land has not been sold under the writ.

(4) During the period of 8 weeks commencing on the date on which the Sheriff endorses the notice of consent, as referred to in subsection (3) (c)—

(a) the judgment debtor may enter into an agreement for the sale or mortgage of the land, and

(b) the Sheriff is prohibited from causing the land to be sold.