Section 39

Where it appears to the Registrar that a person acquiring title under any instrument is an infant or is suffering from any other legal disability, the Registrar must notify the disability in the memorial of registration and in any new folio which may be created in favour of that person.

Where a disability has been so notified, the Registrar must not register any instrument executed by the person under disability unless the instrument gives effect to a transaction approved by the court or otherwise proved to the satisfaction of the Registrar to be within the capacity of that person.