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Deeds Registries Act, 1937 (Act No. 47 of 1937)

Chapter III : Registration of Land

Substituted Title Deeds

34. Certificate of registered title of undivided share

 

(1) Any person who is the joint owner of a piece of land, the whole of or shares in which is or are held by such person and others under one title deed, may, subject to the provisions of section thirty-seven, obtain a certificate of registered title of his or her undivided share in such land, and no transfer of a fraction only of his or her undivided share or hypothecation or lease of the whole or any fraction of his or her undivided share in the land or real right thereover, shall be registered in a deeds registry unless a certificate of registered title of such undivided share is produced to the registrar: Provided that all the joint owners so holding under one title deed may together, transfer an undivided share in the land or a fraction of the share held under such deed or hypothecate or effect the registration of a lease of the whole of such land or share or register a real right thereover without the production of such a certificate: Provided further that such a certificate shall not be necessary where a joint owner disposes of the whole of his or her share by deeds of transfer to be registered simultaneously.

[Section 34(1) substituted by section 8 of the Deeds Registries Amendment Act, 2024 (Act No. 20 of 2024), Notice No. 5649, GG 51730, dated 10 December 2024: Effective 10 December 2024]

 

(1A) The provisions of subsection (1) shall apply, with the necessary changes, to any person who is the owner of the whole of or a share in a piece of land and who wishes to obtain a certificate of registered title of any fraction of his or her undivided share in such land.

[Section 34(1A) inserted by section 5 of Act No. 12 of 2010]

 

(2) If the title deed under which land or shares therein is held in joint ownership is lost or destroyed any joint owner may, upon compliance with the prescribed requirements, obtain a certificate of registered title in respect of his share in the land without obtaining a certified copy of the deed which has been lost or destroyed.

 

(3) The provisions of subsections (1) and (2) shall apply also where two or more pieces of land or shares therein are held in joint ownership by the same title deed: Provided that all the pieces of land or the shares therein shall be included in the certificate of registered title and shall be described in separate paragraphs.