Registration of Title Act, 1942

Notice of trusts.

17.—(1) Save as is otherwise provided by the Principal Act or this Act, notice of a trust existing in respect of registered land shall not be entered in the register.

(2) Notwithstanding anything contained in section 63 of the Principal Act, it shall be and be deemed always to have been lawful for the registering authority to receive an instrument for the purpose of a registration although such instrument contains notice of a trust.

(3) None of the following persons shall, by reason merely of the receipt (whether before or after the passing of this Act) by the registering authority of an instrument for the purpose of a registration, be or ever have been affected with notice of any trust contained in or arising out of matters contained in such instrument, that is to say:—

(a) the registering authority;

(b) a registered transferee for valuable consideration of the registered land to which such instrument relates;

(c) a registered owner of a charge on such land created for valuable consideration;

(d) a person claiming an interest in such land created for valuable consideration and registered as a burden thereon.

(4) In this section the word “trust” includes express, implied, and constructive trusts.