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![]() If for some reason one or more of the registered proprietors is unable to make the application, an explanation has to be provided to the Registrar to account for his/her absence. On the basis of that order, the person or committee of persons appointed thereunder will be entitled to make a Lost Title Application on behalf of the registered owner.Īll of the persons registered as proprietors on the title must join in the application when it is being made. In circumstances where the registered owner of the property suffers from a disability such as mental illness or is a minor, an Application will have to be made to the court to have someone appointed as guardian in the case of minor or a committee in the case of a person of unsound mind. If the registered owner is a company, the application must be made under the seal of the company and the person making the declaration must be duly authorised officer of the company in relation to the making of the Application. In cases therefore where the registered proprietor has died, the Application will have to be made by his executor or where he has not left a Will by his administrator. The Lost Title Application must be made by the registered proprietor or any person claiming through him. Hence, the overarching principle is whether the circumstances outlined in the statutory declaration satisfy the registrar as to the loss or destruction of the Title. ![]() It is by no means mandated that once the application is made the new title must be granted. ![]() The granting of a replacement title under this section is discretionary. ![]() The application is made to the Registrar of Titles. The application is referred to as a Lost Title Application and is done by way of a statutory declaration, which owing to its nature, has to be in conformity with section 152 of the Voluntary Declarations Act. IF a duplicate certificate of Title is lost or destroyed, an application for a replacement can be made under Section 82 of the Registration of Titles Act. ![]()
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