Land Act, 1965

Amendment of section 46 of Land Act, 1923.

30.Section 46 of the Land Act, 1923 , is hereby amended by the insertion after subsection (5) of the following subsections:

“(5A) For the purposes of such registrations, the Registrar of Titles may order any person having possession of the land certificate (in this section hereafter referred to as the old certificate) in respect of the original holding to deliver the old certificate to the Registrar of Titles or, where he is satisfied that the old certificate has been lost or destroyed, may dispense with the production of the old certificate.

(5B) Any claim of lien or other claims on the old certificate shall, as from the date of the registrations, be transferred to the land certificate in respect of the new holding and the priority of such claim or claims shall not be affected.

(5C) The land certificate in respect of the new holding shall be issued by the Registrar of Titles to the person who had possession of the old certificate immediately prior to its delivery to the Registrar of Titles or its loss or destruction.”