It shall be lawful for the Secretary-General and the Master of Titles in any case under the provisions of this law by order of a judge to submit any matter or question of law in a separate case for the opinion of the Supreme Court 15. The Registrar of Titles shall to receive applications in the prescribed form for the conveyance of land under the provisions of this Act if made by any of the following persons, namely.
Instruments of title if they include other property to be returned to applicant. Upon issuing a certificate of title bringing land under the
Upon any such motion as aforesaid, it shall be lawful for the Secretary-General, or for any person interested in any land touching or relating to the property to which such motion shall be made by himself or his attorney, to argue the same in said court and all Expenses connected with any of the aforesaid proceedings or proceedings shall be borne and paid by the person requiring such land to be brought under the provisions of this Act. It shall be lawful for any applicant to withdraw his application at any time prior to the issuance of a certificate of title, in which case the Registrar shall, upon request in writing signed by such applicant, return the abstract and all title documents to him. deposited by him in support of his application.
Certificate of title to issue in name of deceased applicant
By issuing a certificate of title bringing the land under. bringing the parcel of land under this law together with the data of all instruments affecting the land. The Registrar of Titles may cause to be kept, not being part of the register, indexes and supplementary information which he considers appropriate for the efficient operation of the register or the office of the Registrar of Titles.
Remainderman registered as such prohibited from dealing with estate except in manner prescribed in this Act. Every remainderman
The residuary so entered is prohibited from dealing with the estate, except in the manner prescribed in this law.
Reversioner or remainderman not to transfer land until brought under the provisions of this Act. Whenever the life estate in any land
Residuary registered as such is prohibited from dealing with the estate except in the manner prescribed in this Act. mortgage or other transactions lawfully made by such tenant for life and duly registered in terms of the provisions of the Act. Nothing in this subsection prevents the Registrar of Titles from issuing one certificate of title in respect of several such estates or interests in the name of the same registered owner. Registrar of Titles must endorse on the instrument a memorandum of the day and hour on which the particulars were entered in the register and will authenticate the endorsement by affixing his signature to the endorsement.
For the purposes of this section, the signature of the Registrar of Titles may be affixed by any clerk for the time being in his office and authorized by the Registrar of Titles in connection therewith. The Authority may specify the manner in which an officer shall affix the signature of the Registrar of Titles.
Purchased deeds and deeds dated before existing certificate of title should not be submitted. As soon as any country will have. certificate of title to the person who was entitled to the grant or certificate before its final delivery to the Registrar for cancellation. The conveyance of land under the provisions of this Act shall not be held to extinguish the reversion expected on any lease and the person named in any certificate of title as having been seized of the land therein described shall be held in every court of law and equity become be seized of the reversion expected on any lease which may be recorded thereon by memorial and to have all powers rights and remedies to which a reversioner is entitled by law.
A transfer of land under the provisions of this Act shall not be entered in the register by the Registrar of Titles, unless the transferor executes a deed of conveyance in the prescribed form, which memorandum shall-.
Where any land under the provisions of this Act is intended to be let on a lease for life or for life or for any term of years exceeding three years, the holder shall execute a lease in the prescribed form and every such lease shall refer to a description which is given in the grant or certificate of title to the land or give such other description as may be necessary to identify such land and attested by a witness. Whenever a lease to be registered under the provisions of this Act is intended to be terminated and the termination is effected otherwise than by termination in the Act or under the provisions of any law for the time being in force in the said State relating to bankruptcy estate, a deed of cancellation of the rental agreement is signed in the prescribed form, which is signed by the tenant and the landlord as proof that they accept it, and it is confirmed by a witness. Provided that any lease subject to a mortgage or sublease shall not be granted unless the delivery is effected by delivery at law or in accordance with the provisions of any law for the time being in force in said state relating to the bankruptcy estate . delivered without the consent of the mortgagor or sub-lessee, as the case may be.
57 ACT OP MATE PROPERTY 1861-1988 s.60 the grant or title certificate of the land in which that estate or interest is held together with a statement of any bond affecting the land;. Upon the registration of any deed of transfer executed by a mortgagee for the purpose of such sale as aforesaid, the estate or interest of the mortgagor therein described to be conveyed shall pass to and vest in the purchaser free and clear of all liability by virtue of such bond or of any bond registered thereon and if such deed of conveyance purports to settle an estate, the purchaser shall be entitled to receive a certificate of title therefor.
Any covenant and power implied in any instrument hereunder may be waived or modified by an express declaration contained in the instrument or adopted therein. A registered owner of land under this Act may transfer any property or interest in that land to trustees by an instrument in the prescribed form. Whenever any land or any property or interest in land shall under the provisions of this Act be settled or vested in trustees on any trust, whether express implied or constructive, the Registrar of Titles shall not register such trusts in register.
In such a case, the Supreme Court issues a direction for appointment to a vacant post or for providing money. and it shall be lawful for the said court or judge, by any order so obtained, to issue such directions for the investment or application of the purchase money or mortgage money as the said court or judge shall think fit, or by a similar order to direct the appointment of any new trustee or trustees in lieu of of any previous trustee or trustees, and the Registrar of Titles shall, on receipt of an application in the prescribed form, record particulars of any such order in the register and, on receipt of any memorandum of transfer or other instrument executed in accordance with such order, shall register such instrument in the manner is stated in this document. Provided that nothing herein shall prevent a lesser number of trustees than the number which may be named in any instrument operating as the appointment of trustees from filling any vacancy which may occur by the appointment of any other person as co-trustee with acting or subsequent trustees and such new trustee may be appointed by any instrument in the prescribed form and upon the registration of such instrument or entry in the register of particulars of any resolution appointing new trustees as aforesaid, each such new trustee shall have an equal share in the property power and authority as if the registered owner of such land or interest had originally appointed him as trustee.
Application to Supreme Court in estate of deceased person
Upon presentation of a copy of the order and a request in the prescribed form, the Registrar of Titles shall immediately give effect to the said order by complying with the instructions contained therein and when such note is made, the person named in the said order is deemed to be the registered owner of such estate or interest. Provided always that no warrant shall affect any land under the provisions of this Act or any estate or interest therein in respect of purchasers' mortgagees or creditors, unless such warrant is executed and brought into force within three calendar months from the date of the registration of the write in the register. Agent with power of attorney to sell or dispose of the fee may apply to bring land under Act and receive certificate of title in the name of his principal.
The Registrar may, at his discretion, at any time and from time to time, whether or not upon application in the prescribed form by the registered owner, issue a certificate of title in respect of land under the provisions of this Act. :. After issuing the certificate, the registrar cancels the issued certificate or the previous certificate of ownership in whole or in part.
Registrar of Titles may dispense with production of instruments
No vendor of any land under the provisions of this Act shall have any equitable lien thereon by reason of the non-payment of the purchase money or any part of the purchase money therefor. Every caveat left with the Registrar-General under the provisions of this Act shall state the name and address of the person by whom or on whose behalf such caveat is lodged. In any State of the Commonwealth or any Commonwealth Territory - before the Registrar of Titles or before a notary public, justice of the peace, a commissioner for taking affidavits, attorney, solicitor or bailiff; or (b).
The Registrar of Titles may require the owner of any land under the provisions of this law who wishes to transfer, lease or otherwise deal with the same or any part thereof, to submit for registration in the office of the Registrar of Titles a plan of such land in the prescribed form certified by a licensed surveyor in the manner aforesaid. At the discretion of the Registrar of Titles and at a reasonable time during the hours and days designated for search, a person, upon payment of the prescribed fee, may-. a) have access to the information recorded in the register;. Provided also that any person absconding beyond the jurisdiction, if afterwards found within the jurisdiction, shall be liable to be sued in the name of the Registrar General for the amount of damages and costs recovered from the guarantee fund.
If the summons is not complied with, the Registrar of Titles may apply for a warrant to arrest such person and bring him before a judge of the Supreme Court.
INDEX
REAL PROPERTY ACT 1861-1988
