1.0408 Certificate of succession to issue if no counterclaim or objection is filed.

Cite as [A.S.C.A. § 1.0408 ]

If no counterclaim or objection is filed within 60 days immediately following the posting of the notice of a claim, the Territorial Registrar shall register the claimant as the successor to the title claimed, and shall issue to the claimant a certificate stating the date of the registration and that the claimant is entitled to, and is the successor to, the title.

History: 1962, PL7-38; 1968, PL 10-61; 1970, PL 11-117.

Case Notes:

When only one party remains, there can be no trial of a contested case, and dismissal is appropriate RCAS 6.0106; In re Matai Title of Lutati, 4 ASR 10 (1970).

A matai title bestowed contrary to statute cannot be registered or otherwise recognized; and use of an unregistered matai title is a criminal act. A.S.C.A. §§ 1.0401-1.0414; Toilolo v. Poti, 23 A.S.R.2d 130 (1993).