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07/07/2020
Laws of Bangladesh

The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI Of 1983 )

Chapter 3

REGISTRATION

Transmission of property in Bangladesh ship on death, insolvency, etc.
37. (1) Where the property in a Bangladesh ship or a share therein is transmitted to a person on the death or insolvency of any owner thereof, or by any lawful means other than by a transfer under this Ordinance, that person shall authenticate the transmission by making and signing a Declaration of Transmission in the prescribed form.
 
 
 
 
(2) A Declaration of Transmission shall be submitted to the Registrar of the ship's port of registry accompanied,-
 
 
 
 
(a) if the transmission is in consequence of death, by a succession certificate, probate or letters of administration under the Succession Act, 1925 (XXXIX of 1925), or a certified copy thereof, and
 
 
 
 
(b) if the transmission is in consequence of insolvency, by proper proof of such transmission.
 
 
 
 
(3) On receipt of the Declaration of Transmission submitted under sub-section (2), the Registrar shall enter in the Register Book the name of the person entitled under the transmission as owner of the ship or share in the property which has been transmitted, and, where there are more persons than one, shall enter the names of all those persons, but all such persons shall, for the purposes of the provisions of this Ordinance with respect to the number of persons claiming to be registered as owners, be considered as one person:
 
 
 
 
Provided that nothing in this sub section shall require the Registrar to make an entry in the Register Book under this section if he is of the opinion that by reason of the transmission the ship has ceased to be a Bangladesh ship.

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