38Grants and certificates endorsed "no survivorship"

38 Grants and certificates endorsed "no survivorship" S. 38(1) amended by Nos 6544 s. 2, 18/1989 s. 12(Sch. 1 item 67). (1) At the time of the registration of every Crown grant in fee to two or more persons in joint tenancy for any public purpose the Registrar shall record in the Register the words "no survivorship". S. 38(2) amended by Nos 6867 s. 2(Sch. 1), 18/1989 s. 12(Sch. 1 item 68). (2) Upon the transfer of any land to two or more persons as joint proprietors with the words "no survivorship" endorsed thereon the Registrar shall record those words in the Register. S. 38(3) amended by No. 18/1989 s. 12(Sch. 1 item 69). (3) Two or more joint proprietors of any land may by writing under their hands direct the Registrar to record the words "no survivorship" on the relevant folio of the Register. S. 38(4) amended by Nos 18/1989 s. 12(Sch. 1 item 70), 80/2009 s. 23(1). (4) After the words "no survivorship" have been recorded pursuant to this section it shall not be lawful for any persons other than the registered proprietors to transfer or otherwise deal with the land without an order of a court. S. 38(5) amended by No. 80/2009 s. 23(2). (5) Before making any such order the court may cause notice of the intention so to do to be advertised once at least in one newspaper published in the city of Melbourne or circulating in the neighbourhood of the land, and in such notice shall appoint a time within which it shall be lawful for any person interested to show cause against such order being made. S. 38(6) amended by Nos 18/1989 s. 12(Sch. 1 item 71), 80/2009 s. 23(3). (6) The court may (but, where any such notice has been given, only after the expiration of the time therein appointed) give the necessary order for the transfer of the land to any new proprietor or proprietors solely or jointly with or in the place of any existing proprietor or proprietors or otherwise give effect to the dealing or make such order in the matter as is just for the protection of any persons beneficially interested in the land or in the proceeds thereof, and on such order being deposited with the Registrar he shall make such recordings and perform such acts for giving effect thereto as are necessary. No. 5842 s. 39.