Pretoria Registrar’s Circular No 6 of 2016
Issuing of lost copies in terms of Regulation 68 of Act 47 of 1937
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.
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.
A new procedure will be implemented at Execution for registration of all VA copies.
4. Requirements for Registration
- 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.
- 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.
- The Conveyancer will wait in front of the Assistant Registrar in charge of Execution while the deeds are being scanned into Execution.
- 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.
- 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.