Section 40: Restrictions on transfer of family land

(1) A person shall not- (a) sell, exchange, transfer, pledge, mortgage or lease any family land; (b) enter into any contract for the sale, exchange, transfer, pledge, mortgage or lease of any family land; or (c) give away any family land inter vivos, or enter into any other transaction in respect of family land, except with the prior consent of his or her spouse. (2) The consent required under subsection (1) shall be in the manner prescribed by regulations made under this Act. (3) Subsection (1) shall not apply to any transfer of land by the mortgagee in exercise of powers under the mortgage. (4) Where any transaction is entered into by a purchaser in good faith and for value without notice that subsection (1) has not been complied with, the transaction shall be void but the purchaser shall have the right to claim from any person with whom he or she entered into the transaction, any money paid or any consideration given by him or her in respect of the transaction. (5) The consent referred to in subsection (1) shall not be unreasonably withheld. (6) Where the consent required by subsection (1) is withheld, the person aggrieved by the withholding of the consent may appeal to a district land tribunal and the district land tribunal shall require the spouse to show cause why he or she cannot give consent and may, in its discretion, dispense with the consent. (7) A spouse, not being the owner of the land to which subsection (1) applies, may lodge a caveat on the certificate of title, certificate of occupancy certificate of customary ownership of the person who is the owner of the d to indicate that the property is subject to the requirement of consent ler subsection (1). (8) Notwithstanding section 124(2) of the Registration of Titles Act, a caveat referred to in subsection (7) shall not lapse while the caveator's right to security of occupancy subsists. (9) For the purposes of subsection (4)- "notice" means actual or constructive notice; "purchaser" means a grantee, lessee, sublessee, assignee, mortgagee, chargee or other person who acquires an estate or an interest or right in the land.