How to Process a Transfer of Joint Tenancy by Survivorship

Step 1: A Community Member Contacts You

A Community member contacts you requesting to transfer the deceased joint tenancy interest to the surviving joint tenant(s)

Step 2: Take Notes

Be sure to take detailed notes of the conversation or an email noting the following:

• Deceased Member

  • Full legal name (as shown on their band card)

  • Date of Birth

  • Date of death on or about

  • Legal land description with Parcel An area of reserve land regardless of dimension. Abstract PIN number

• Surviving Joint Tenants

  • Full legal name(s) (as shown on their band card)

  • Band card number(s)

  • Physical mailing address

  • Phone number and email address.

Inform the member that they will need to produce a certified true copy of a death certificate or funeral director certificate to complete the registration package.

Step 3: Research & Verification

• Pull Parcel Abstract

  • Ensure the land is registered to the lawful possessors

  • Review for any encumbrances i.e. mortgages, easements, permits

  • Print Survey plan from one of the following sources.

    • Internal lands file

    • Google Earth

    • NRCan Survey Plan Search (your will require the plan number)

• Have your Membership Officer verify the personal information is accurate to the Indian Registry System (IRS) – (if you don’t have access to this)

• Have your finance department verify that there are no internal financial encumbrances are on the land being transferred

Step 4: Prepare the Application

Prepare the Application for the Transfer The process which allows a lawful possessory (locatee) to give his or her lawful possession of reserve land to another member of the First Nation, or Band, under section 24 of the Indian Act. of Joint Tenancy Joint Tenancy is a form of ownership by two or more persons of the same property. The individuals, who are called joint tenants, share equal ownership of the property and have the equal, undivided right to keep or dispose of the property. Joint Tenancy does not apply to reserves in the Province of Quebec with the exception of Akwesasne Indian Reserve No. 15. by Survivorship form for signature and commissioning/notarizing.

Step 5: Check Accuracy and Compliance

Always double check your work for accuracy and compliance before completing the next step.

Step 6: Initiate the Application Page

Initiate the Application page in the Indian Lands Registry System The ILRS is a repository of documentation and does not purport to guarantee title or accuracy of documentation filed therein.  It is guided by a set of interacting procedures designed to govern the registration of rights in reserve lands. (ILRS)

Step 7: Finish the Package

Finished Original Package will include:

• Two (2) originals of the Application page signed and dated

• Application for the Transfer of Joint Tenancy by Survivorship form

• Death Certificate (original or certified true copy (CTC))

• Membership Letter (if applicable)

• Copy of Administrative survey plan

• Send finished package to your Regional Lands Officer

Ensure you keep a copy of the complete package in your internal lands file.

Step 8: Distribute CP

Once you receive the Certificate of Possession (CP) Documentary evidence of a Band/First Nation member's right to lawful possession of reserve lands described therein pursuant to the Indian Act. for the surviving joint tenants:

• The original Certificate will be provided to the individual

• Place a copy of the survey plan (outline in yellow the boundary of the land)

• Duplicate copy of CP goes in your internal lands file.

Completed lands registry documents are classified as Protected B documents, please ensure you are protecting the information of your clients by securing these documents in a responsible manner - for more information on the Federal Privacy ACT & (PIPEDA).