Mining Titles Registration Act, 1967 (Act No. 16 of 1967)

Chapter V : Substituted Title Deeds

24. Certificate of registered title of one or more rights held under one title deed and of undivided shares
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(1) Any person who holds one or more undivided shares in a right under one title deed may, subject to the provisions of this Act, apply for a certificate of registered title in respect of one or more such undivided shares held by him or her therein.

 

(2) Subject to subsection (1), an application for a certificate of registered title shall be made in the prescribed manner and accompanied by the title deed, if available, under which such right is held.

 

(3) A transfer, cession or mortgage of a share of an undivided right shall not be registered in the Mineral and Petroleum Titles Registration Office unless a certificate of registered title is produced to the Director-General.

 

(4) A certificate of registered title shall not be required where the whole right is still held and is transferred, ceded or mortgaged by the holders jointly.

 

(5) If the title deed under which a share is held by more than one holder is lost or destroyed, any such holder may in accordance with any prescribed requirements, obtain a certificate of registered title of his or her share without applying for the title deed which has been lost or destroyed.

 

(6) In issuing a certificate of registered title the Director-General shall endorse upon the title deed, register or mortgage bond, as the case may be, that a certificate of registered title has been issued in respect of the share in question: Provided that in the case of a bond it shall be endorsed on the certificate that it is mortgaged.

 

(7) If the said share of the right is mortgaged, that mortgage bond shall be produced to the Director-General at the expense of the applicant.

 

(8) A certificate when issued shall take the place of the title deed under which the right was previously held, and the issuing of the certificate shall not affect rights and obligations in respect of the right in question.