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Pretoria Registrar's Circular 06/2016

19 May 2016

Pretoria Registrar’s Circular No 6 of 2016

Issuing of lost copies in terms of Regulation 68 of Act 47 of 1937

1. Purpose
This circular is issued to prevent fraudulent transactions taking place upon the issuing of a copy (hereinafter referred to as a VA copy) of a title deed to serve in the place of the original thereof.

2. Challenge
Regulation 68 of the Act provides for the issue of a VA copy where the original deed is lost or destroyed. This Regulation is used by fraudsters to fraudulently obtain a copy to serve in the place of the original. The valid owner of the property is defrauded of ownership of his/her property as the issued copy is then used to illegally transfer the property to a new owner.

3. Resolution
A new procedure will be implemented at Execution for registration of all VA copies.

4. Requirements for Registration

  1. If registration is requested in case of a single VA copy, or if a VA application forms part of a batch from which transfer of a property is effected, the Conveyancer who requests registration of the VA copy must present the deed/deeds in person to the Assistant Registrar in charge of Execution.

  2. The Conveyancer who requests registration of the VA will sign a separate Register of executing Conveyancers specially allocated for VAs in the presence of the Assistant Registrar in charge of Execution at the time when the deeds are handed over.

  3. The Conveyancer will wait in front of the Assistant Registrar in charge of Execution while the deeds are being scanned into Execution.

  4. The Conveyancer will only sign the request for registration in the presence of the Assistant Registrar in charge of Execution and the deed/deeds will be attested at the same time by the Assistant Registrar authorized in terms of Section 2 of the Deeds Registries Act.

  5. The following must be provided to the Assistant Registrar in charge of Execution and be attached to the VA register.
  • A certified admittance certificate as Conveyancer, issued by the High Court of South Africa (see Annexure A) and
  • A certified copy of the marriage certificate, only in case the surname of the Conveyancer differs due to change in marital status and
  • A certified copy of the Conveyancers Identity document.

This circular will find application with effect from 1/06/2016.

Pretoria Registrar's Circular No 6 of 2016

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