| (1) |
A High Court which has made a preservation of property order in respect of immovable property may at any time, with a view to ensuring the effective execution of a subsequent order, order the registrar of deeds concerned to endorse any one or more of the restrictions referred to in subsection (2) on the title deed of the immovable property. |
| (2) |
An order under subsection (1) may be made in respect of the following restrictions, namely— |
| (a) |
that the immovable property shall not without the consent of the High Court be mortgaged or otherwise encumbered; |
| (b) |
that the immovable property shall not without the consent of the High Court be attached or sold in execution; and |
| (c) |
that the immovable property shall not without the consent of the High Court— |
| (i) |
vest in the Master of the High Court or trustee concerned, as the case may be, when the estate of the owner of that immovable property is sequestrated; or |
| (ii) |
where the owner of that immovable property is a company or other corporate body which is being wound up, form part of the assets of such company or corporate body. |
| (3) |
In order to give effect to subsection (1), the registrar of deeds concerned shall— |
| (a) |
make the necessary entries in his or her registers and the necessary endorsement on the office copy of the title deed, and thereupon any such restriction shall be effective against all persons except, in the case of a restriction contemplated in subsection (2)(b), against any person in whose favour a mortgage bond or other charge was registered against the title deed of immovable property prior to the endorsement of the restriction on the title deed of the immovable property, but shall lapse on the transfer of ownership of the immovable property concerned; |
| (b) |
when the original of the title deed is produced to him or her, make the necessary endorsement thereon. |
| (4) |
Unless the High Court directs otherwise, the custody of immovable property on the title deed of which a restriction contemplated in subsection (2)(c) was endorsed shall vest as from the date on which— |
| (a) |
the estate of the owner of the immovable property is sequestrated; or |
| (b) |
where the owner of the immovable property is a company or other corporate body, such company or corporate body is being wound up, |
in the person in whom the said custody would have vested if such a restriction were not so endorsed.
| (5) |
Where the High Court granted its consent in respect of a restriction contemplated in subsection (2)(c) and endorsed on the title deed of immovable property, the immovable property shall be deemed— |
| (a) |
if the estate of the owner of the immovable property was sequestrated, to have vested in the Master of the High Court or trustee concerned, as the case may be, as if such a restriction were not so endorsed; or |
| (b) |
if the owner of the immovable property is a company or other juristic person which is being wound up, to have formed part of the assets of such company or juristic person as if such a restriction were not so endorsed. |
| (6) |
Any person affected by an order contemplated in subsection (1) may at any time apply for the rescission of the order. |
Older Persons Act, 2006
