Chief Registrar of Deeds
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Share Your Experience1 reviews | Active since Jan 2020
I would like to thank the Deeds office of Pretoria for an outstanding real honest Report that exposes the truth of my late father's property at 146 West Road North Morningside Sandton. I look forward to court hearings that will take place based on the Deeds Report. DEEDS REPORT BY THE REGISTRAR OF DEEDS AT PRETORIA. 1. I have read the Notice of Motion, the founding affidavit and all supporting documents. 2. The following appears from the records of this office: 2.1.1 Portion 1 of consolidated erf 970 situated in the township Morningside extension 59, I.R, in extent 4 000 square metres, was transferred from Michael John Shipton, born 17 January 1925 to Anthony Hugh William Seed, born 5 July 1927, by virtue of deed of transfer T34790/1975. 2.1.2 Three bonds were registered over the property, namely: • B15271/1976 in favour of United Building Society Ltd to the amount of R47 500-00. This bond was cancelled on 27 January 1989. Vide BC 5738/1989. • B24984/1979 in favour of United Building Society Ltd to the amount of R 5 253-00. This bond was cancelled on 27 January 1989. Vide BC 5731/1989. • B67616/1987 in favour of United Building Society Ltd to the amount of R9 176-00. This bond was cancelled on 27 January 1989. Vide BC 5732/1989. 2.1.3 No interdicts are registered against the property. 2.2 1 Portion 1 of consolidated erf 970 situated in the township Morningside extension 59, I.R, in extent 4 000 square metres, was transferred from the estate late Anthony Hugh William Seed no 4298/88 to Annabel Kathleen Seed Identity number 410217 0043 103, Unmarried by virtue of deed of transfer T5444/1989. In terms of the causa of the deed, transfer was given in terms of the will but that appears to be incorrect. A half share of the undivided property was donated to Annabel Kathleen Seed in the antenuptial contract and the other half was not donated to the children of AHW Seed as instructed in the conditions, see paragraph vi (a) and (e) of the antenuptial contract. The causa therefore should have read that one-half share was donated and one half share devolved in terms of the will of AHW Seed. The attention of the Court is drawn to the two letters from the Receiver of Revenue, documents 4 attached to T5444/1989. The letter dated 21 December 1988 stated that the transfer of portion 1 of erf 970 is considered to be in terms of the antenuptial contract and as such is exempt from transfer duty. The following letter dated 16 January 1989 stated that the right to transfer of the property is considered to have been acquired by the surviving spouse in terms of the will and is therefore exempt from transfer duty. Document 7 is a certificate from the conveyancer, Richard Frank Reed, stating that "the property has been duly accounted for in a Liquidation and Distribution Account which account has lain for inspection free from objection ... and that the property has been awarded as shown in the Power of Attorney". 2.2.2 Interdict I 3813/1976C was noted in the office of the Registrar of Deeds, stating that one half share of this property has been donated to Annabel Kathleen Mulligan. The interdict was withdrawn as a result of deed of transfer T5444/1989 not been transfered correctly. 2.3.1 Annabel Kathleen Seed, identity number 410217 0043 103, unmarried sold portion 1 of erf 970 Morningside extension 59 township, registration division IR, on 10 June 2002 to the first respondent Andri Investments Proprietary Limited No 2001/021450/07 for an amount of R1 750 000-00 by virtue of T11•188N2/o20b0o2n.d was registered by AK Seed over the property. 2.4.1 Andri Investments Proprietary Limited No 2001/021450/07 registered portion 2 of portion 1 of erf 970 Morningside extension 59 Township IR, in extent 1979 square metres by virtue of Certificate of Registered Title T173935/2003 on 19 December 2003. 2.4.2 Andri Investments Proprietary Limited No 2001/021450/07 transferred the remaining extent of portion 1 of erf 970 Morningside extension 59 Township IR, in extent 2021 square metres, deed of transfer T 173936/2003. 2.4.3 One bond was registered by Andri Investments Proprietary Investments over the property: • 817890/2003 in favour of Investec Bank Ltd to the amount of R2 550 000-00. The bond was cancelled on 19 December 2003 by virtue of BC122031/2003. The second respondent sold the remaining extent of portion 1 of erf 970 Morningside extension 59 Township extent 2021 square metres on 3 June 2021 to the sixth respondent B8120230/2003 in favour of Firstrand Bank Ltd to the amount of R2 000 000-00. This bond was cancelled on 11 October 2021. Vide BC 2082/2010. The sixth respondent registered a mortgage bond, B50019/2021 in favour of Absa Bank Ltd to the amount of R 4 800 000-00 over the property on 11 October 2021. 3.1 Portion 2 (of portion 1) of erf 970 Morningside extension 59 Township, IR, extent 1979 held by certificate of registered title T173935/2003 was sold by Andri Investments Proprietary Limited to Slipknot Investments 182 Proprietary Limited No 2003/001771/07 on 8 July 2003 by virtue of deed of transfer T 59696/2004. 3.2 Third respondent Slipknot Investments 182 Proprietary Limited registered two bonds over the property: • B48340/2004 in favour of Absa Bank Ltd to the amount of R3 000 000-00. This bond was cancelled on 24 June 2005. Vide BC71203/2005 • B144297/2004 in favour of Absa Bank Ltd to the amount of R1 000 000-00. This bond was cancelled on 24 June 2005. Vide BC71204/2005. 3.3.1 Slipknot Investments 182 Proprietary Limited No 2003/001771 /07 sold portion 2 (a portion of portion 1) of erf 970 Morningside extension 59 Township to fourth respondent, vide T78365/2005. • B6126/2006 in favour of Firstrand Bank Ltd to the amount of R3 500 000-00. This bond was cancelled on 7 February 2013. Vide BC7989/2013. • B159710/2006 in favour of Firstrand Bank Ltd to the amount of R2 500 000-00. This bond was cancelled on 7 February 2013. Vide BC7988/2013. • B184811/2007 in favour of Absa Bank Ltd to the amount of R2 500 000-00. This bond was cancelled on 7 February 2013. Vide BC 7990/2013. The fourth respondent sold portion 2 (a portion of portion 1) of erf 970 Morningside extension 59 Township IR, to Aupark properties Proprietary Limited Registration number 1998/020342/07. Vide deed of transfer T7948/2013. 3.4.2 No bonds are registered by Aupark Properties Proprietary Limited over this property. 3.4.3 No interdicts are noted against this property. 3.4.4 No interdicts or caveats are noted against Aupark Properties Proprietary Limited. 3.4.5 Aupark Properties Proprietary Limited number 1998/020342/07 is the current registered owner of Portion 2 (a portion of portion 1) of erf 970 Morningside extension 59 Township in extent 1979 square meters. 3. The attention of the Honourable Court is respectfully drawn to the following: 3.1 Title deeds are filmed completely, with front and back covers as well as supporting documents, only when the title is registered at first. Any subsequent dealings with the title, e.g registration of bonds, will only result in the filming of the title itself without supporting documents. The original filming and all subsequent filming lay in a repository on our system. It is therefore advisable to apply for copies and supporting documents from the Deeds Office directly or by using our online service DeedsWeb. Secondary suppliers of information like Windeed and numerous other suppliers do not necessarily have the correct, updated information. The copies provided by the applicant are not true copies of the documents that are filed in this office. 3.2 Regulation 66 Act 47/1937:" Copies of deeds conferring title to land or to any interest therein and copies of mortgage or notarial bonds, required for information only, shall be issued on the application of any person and the words "Issued for information only" shall be written or stamped on the face of every copy so issued". 3.3 Regulation 67 Act 47/1937:" Where copies of deeds conferring title to land or to any interest therein and copies of mortgage or notarial bonds are required for judicial purposes, they shall be issued on a written application signed by an attorney of the Court or an enrolled law or admitted agent or on behalf of any State Department, and the words "Issued for judicial purposes only" shall be written or stamped on the face of every copy so issued". 3.4 Regulation 68(1) Act 47/1937: "If any deed conferring title to land or any interest therein or any real right, or any registered lease or sublease or registered cession thereof or any mortgage or notarial bond, is lost or destroyed and a copy is required for any purpose other than one of those mentioned in either of the last two preceding regulations, the registered holder thereof or his duly authorised agent may make written application for such copy, which application shall be accompanied by an affidavit describing the deed and stating that it has not been pledged and it is not being detained by any one as security for debt or otherwise, but that it has been actually lost or destroyed and can not be found though diligent search has been made therefore, and further setting forth where possible the circumstances under which it was lost or destroyed ... " 3.5 Section 13(1) Act 47/1937: "Deeds executed or attested by a registrar shall be deemed to be registered upon the affixing of the registrar's signature thereto... " 3.6. Section 6(1) Act 47/1937: "Save as is otherwise provided in this Act or in any other law no registered deed of grant, deed of transfer, certificate of title or other deed conferring or conveying title to land, or any real right in land other than a mortgage bond, and no cession of any registered bond not made as security, shall be cancelled by a registrar except upon an order of Court." 3.7 Section 6(2) Act 47/1937 "Upon the cancellation of any deed conferring or conveying title to land or any Real right in land other than a mortgage bond as provided for in subsection (1), the deed under which the land or such real right in land was held immediately prior to the registration of the deed which is cancelled, shall be revived to the extent of such cancellation, and the registrar shall cancel the relevant endor*****t thereon evidencing the registration of the cancelled deed." An order in compliance with Section 6 will have the effect that the previous title will be revived T34790/1975. 3.8 Section 43(1) Act 47 of 1937:" If a defined portion of a piece of land has been surveyed and a diagram thereof has been approved by the surveyor-general concerned, the registrar may on written application by the owner of the land accompanied by the diagram of such portion, the title deed of the land, any bond thereon and the written consent of the holder of any such bond, issue a certificate of registered title in respect of such portion ..." Certificates of title are only registered by a registrar of deeds, i.e there is no appearer who appears before the registrar. Certificates of title must still be prepared by a conveyancer and a preparation clause must be provided (reg 43 read with section 15 of the deeds Registries act, Act 47/1937. A Certificate of Title is only a substituted title which is derived from information taken by the Registrar from an existing title. As a Certificate of Title does not constitute a transfer, no power of attorney, transfer duty receipt or clearance certificate is required. 3.9 The identity of persons in the deeds registration process is regulated by regulation 18 of Act 47/1937. In terms of Act 72/1986 the last three digits of all identity numbers were changed and the only requirement during the examination process is a certificate by the conveyancer to confirm the change. 4. Except for my remarks in paragraph 3 above, I have no objection to granting an order as prayed for attached, provided all the statutory provisions are complied with. This report explains what happened on the property 146 West Road North Morningside Sandton. It has been discovered that the court interdict of 1989 was not legally lifted by a court order to the Deeds office in 2002 and was done by an unknown person. The third and fourth respondent got mortgage bonds of the amount of R12 500 00-00 for portion 2 measuring 1979 squares. The property resentments of portion 1 and 2 are incorrect and should have been divided into 2000 square netters in 1975, 1989 or 2004, this was not legally done and must be addressed in the court hearing of who did this. How can the fifth respondent pay R7 million for only 1975 squares of 4000 Consolidated property? This is very sad how some people can do this to the Seed family. The truth is out and thank you God for this report from the Pretoria Deeds Office to relieve the truth of what happened. It took 20 years to get the truth and the eighth respondent wanted this matter to be dismissed from being heard of what happened. After a court interdict was on the property in 1989 to stop any transfers to take place. REALLY??? This would have been a crime if the court had listened to the eighth respondent begging for this matter to be dismissed. This matter has gone from a 1% to a 100% case of the facts being proven to the court. Who is really at fault here??? Please comment below on what you think because this is a very sad story of what happened but at least the truth is now out, thank you to the staff of the Pretoria Deeds Office for the report to the court.
1 reviews | Active since Jan 2020
I would like to thank the Deeds office of Pretoria for an outstanding real honest Report that exposes the truth of my late father's property at 146 West Road North Morningside Sandton. I look forward to court hearings that will take place based on the Deeds Report. DEEDS REPORT BY THE REGISTRAR OF DEEDS AT PRETORIA. 1. I have read the Notice of Motion, the founding affidavit and all supporting documents. 2. The following appears from the records of this office: 2.1.1 Portion 1 of consolidated erf 970 situated in the township Morningside extension 59, I.R, in extent 4 000 square metres, was transferred from Michael John Shipton, born 17 January 1925 to Anthony Hugh William Seed, born 5 July 1927, by virtue of deed of transfer T34790/1975. 2.1.2 Three bonds were registered over the property, namely: • B15271/1976 in favour of United Building Society Ltd to the amount of R47 500-00. This bond was cancelled on 27 January 1989. Vide BC 5738/1989. • B24984/1979 in favour of United Building Society Ltd to the amount of R 5 253-00. This bond was cancelled on 27 January 1989. Vide BC 5731/1989. • B67616/1987 in favour of United Building Society Ltd to the amount of R9 176-00. This bond was cancelled on 27 January 1989. Vide BC 5732/1989. 2.1.3 No interdicts are registered against the property. 2.2 1 Portion 1 of consolidated erf 970 situated in the township Morningside extension 59, I.R, in extent 4 000 square metres, was transferred from the estate late Anthony Hugh William Seed no 4298/88 to Annabel Kathleen Seed Identity number 410217 0043 103, Unmarried by virtue of deed of transfer T5444/1989. In terms of the causa of the deed, transfer was given in terms of the will but that appears to be incorrect. A half share of the undivided property was donated to Annabel Kathleen Seed in the antenuptial contract and the other half was not donated to the children of AHW Seed as instructed in the conditions, see paragraph vi (a) and (e) of the antenuptial contract. The causa therefore should have read that one-half share was donated and one half share devolved in terms of the will of AHW Seed. The attention of the Court is drawn to the two letters from the Receiver of Revenue, documents 4 attached to T5444/1989. The letter dated 21 December 1988 stated that the transfer of portion 1 of erf 970 is considered to be in terms of the antenuptial contract and as such is exempt from transfer duty. The following letter dated 16 January 1989 stated that the right to transfer of the property is considered to have been acquired by the surviving spouse in terms of the will and is therefore exempt from transfer duty. Document 7 is a certificate from the conveyancer, Richard Frank Reed, stating that "the property has been duly accounted for in a Liquidation and Distribution Account which account has lain for inspection free from objection ... and that the property has been awarded as shown in the Power of Attorney". 2.2.2 Interdict I 3813/1976C was noted in the office of the Registrar of Deeds, stating that one half share of this property has been donated to Annabel Kathleen Mulligan. The interdict was withdrawn as a result of deed of transfer T5444/1989 not been transfered correctly. 2.3.1 Annabel Kathleen Seed, identity number 410217 0043 103, unmarried sold portion 1 of erf 970 Morningside extension 59 township, registration division IR, on 10 June 2002 to the first respondent Andri Investments Proprietary Limited No 2001/021450/07 for an amount of R1 750 000-00 by virtue of T11•188N2/o20b0o2n.d was registered by AK Seed over the property. 2.4.1 Andri Investments Proprietary Limited No 2001/021450/07 registered portion 2 of portion 1 of erf 970 Morningside extension 59 Township IR, in extent 1979 square metres by virtue of Certificate of Registered Title T173935/2003 on 19 December 2003. 2.4.2 Andri Investments Proprietary Limited No 2001/021450/07 transferred the remaining extent of portion 1 of erf 970 Morningside extension 59 Township IR, in extent 2021 square metres, deed of transfer T 173936/2003. 2.4.3 One bond was registered by Andri Investments Proprietary Investments over the property: • 817890/2003 in favour of Investec Bank Ltd to the amount of R2 550 000-00. The bond was cancelled on 19 December 2003 by virtue of BC122031/2003. The second respondent sold the remaining extent of portion 1 of erf 970 Morningside extension 59 Township extent 2021 square metres on 3 June 2021 to the sixth respondent B8120230/2003 in favour of Firstrand Bank Ltd to the amount of R2 000 000-00. This bond was cancelled on 11 October 2021. Vide BC 2082/2010. The sixth respondent registered a mortgage bond, B50019/2021 in favour of Absa Bank Ltd to the amount of R 4 800 000-00 over the property on 11 October 2021. 3.1 Portion 2 (of portion 1) of erf 970 Morningside extension 59 Township, IR, extent 1979 held by certificate of registered title T173935/2003 was sold by Andri Investments Proprietary Limited to Slipknot Investments 182 Proprietary Limited No 2003/001771/07 on 8 July 2003 by virtue of deed of transfer T 59696/2004. 3.2 Third respondent Slipknot Investments 182 Proprietary Limited registered two bonds over the property: • B48340/2004 in favour of Absa Bank Ltd to the amount of R3 000 000-00. This bond was cancelled on 24 June 2005. Vide BC71203/2005 • B144297/2004 in favour of Absa Bank Ltd to the amount of R1 000 000-00. This bond was cancelled on 24 June 2005. Vide BC71204/2005. 3.3.1 Slipknot Investments 182 Proprietary Limited No 2003/001771 /07 sold portion 2 (a portion of portion 1) of erf 970 Morningside extension 59 Township to fourth respondent, vide T78365/2005. • B6126/2006 in favour of Firstrand Bank Ltd to the amount of R3 500 000-00. This bond was cancelled on 7 February 2013. Vide BC7989/2013. • B159710/2006 in favour of Firstrand Bank Ltd to the amount of R2 500 000-00. This bond was cancelled on 7 February 2013. Vide BC7988/2013. • B184811/2007 in favour of Absa Bank Ltd to the amount of R2 500 000-00. This bond was cancelled on 7 February 2013. Vide BC 7990/2013. The fourth respondent sold portion 2 (a portion of portion 1) of erf 970 Morningside extension 59 Township IR, to Aupark properties Proprietary Limited Registration number 1998/020342/07. Vide deed of transfer T7948/2013. 3.4.2 No bonds are registered by Aupark Properties Proprietary Limited over this property. 3.4.3 No interdicts are noted against this property. 3.4.4 No interdicts or caveats are noted against Aupark Properties Proprietary Limited. 3.4.5 Aupark Properties Proprietary Limited number 1998/020342/07 is the current registered owner of Portion 2 (a portion of portion 1) of erf 970 Morningside extension 59 Township in extent 1979 square meters. 3. The attention of the Honourable Court is respectfully drawn to the following: 3.1 Title deeds are filmed completely, with front and back covers as well as supporting documents, only when the title is registered at first. Any subsequent dealings with the title, e.g registration of bonds, will only result in the filming of the title itself without supporting documents. The original filming and all subsequent filming lay in a repository on our system. It is therefore advisable to apply for copies and supporting documents from the Deeds Office directly or by using our online service DeedsWeb. Secondary suppliers of information like Windeed and numerous other suppliers do not necessarily have the correct, updated information. The copies provided by the applicant are not true copies of the documents that are filed in this office. 3.2 Regulation 66 Act 47/1937:" Copies of deeds conferring title to land or to any interest therein and copies of mortgage or notarial bonds, required for information only, shall be issued on the application of any person and the words "Issued for information only" shall be written or stamped on the face of every copy so issued". 3.3 Regulation 67 Act 47/1937:" Where copies of deeds conferring title to land or to any interest therein and copies of mortgage or notarial bonds are required for judicial purposes, they shall be issued on a written application signed by an attorney of the Court or an enrolled law or admitted agent or on behalf of any State Department, and the words "Issued for judicial purposes only" shall be written or stamped on the face of every copy so issued". 3.4 Regulation 68(1) Act 47/1937: "If any deed conferring title to land or any interest therein or any real right, or any registered lease or sublease or registered cession thereof or any mortgage or notarial bond, is lost or destroyed and a copy is required for any purpose other than one of those mentioned in either of the last two preceding regulations, the registered holder thereof or his duly authorised agent may make written application for such copy, which application shall be accompanied by an affidavit describing the deed and stating that it has not been pledged and it is not being detained by any one as security for debt or otherwise, but that it has been actually lost or destroyed and can not be found though diligent search has been made therefore, and further setting forth where possible the circumstances under which it was lost or destroyed ... " 3.5 Section 13(1) Act 47/1937: "Deeds executed or attested by a registrar shall be deemed to be registered upon the affixing of the registrar's signature thereto... " 3.6. Section 6(1) Act 47/1937: "Save as is otherwise provided in this Act or in any other law no registered deed of grant, deed of transfer, certificate of title or other deed conferring or conveying title to land, or any real right in land other than a mortgage bond, and no cession of any registered bond not made as security, shall be cancelled by a registrar except upon an order of Court." 3.7 Section 6(2) Act 47/1937 "Upon the cancellation of any deed conferring or conveying title to land or any Real right in land other than a mortgage bond as provided for in subsection (1), the deed under which the land or such real right in land was held immediately prior to the registration of the deed which is cancelled, shall be revived to the extent of such cancellation, and the registrar shall cancel the relevant endor*****t thereon evidencing the registration of the cancelled deed." An order in compliance with Section 6 will have the effect that the previous title will be revived T34790/1975. 3.8 Section 43(1) Act 47 of 1937:" If a defined portion of a piece of land has been surveyed and a diagram thereof has been approved by the surveyor-general concerned, the registrar may on written application by the owner of the land accompanied by the diagram of such portion, the title deed of the land, any bond thereon and the written consent of the holder of any such bond, issue a certificate of registered title in respect of such portion ..." Certificates of title are only registered by a registrar of deeds, i.e there is no appearer who appears before the registrar. Certificates of title must still be prepared by a conveyancer and a preparation clause must be provided (reg 43 read with section 15 of the deeds Registries act, Act 47/1937. A Certificate of Title is only a substituted title which is derived from information taken by the Registrar from an existing title. As a Certificate of Title does not constitute a transfer, no power of attorney, transfer duty receipt or clearance certificate is required. 3.9 The identity of persons in the deeds registration process is regulated by regulation 18 of Act 47/1937. In terms of Act 72/1986 the last three digits of all identity numbers were changed and the only requirement during the examination process is a certificate by the conveyancer to confirm the change. 4. Except for my remarks in paragraph 3 above, I have no objection to granting an order as prayed for attached, provided all the statutory provisions are complied with. This report explains what happened on the property 146 West Road North Morningside Sandton. It has been discovered that the court interdict of 1989 was not legally lifted by a court order to the Deeds office in 2002 and was done by an unknown person. The third and fourth respondent got mortgage bonds of the amount of R12 500 00-00 for portion 2 measuring 1979 squares. The property resentments of portion 1 and 2 are incorrect and should have been divided into 2000 square netters in 1975, 1989 or 2004, this was not legally done and must be addressed in the court hearing of who did this. How can the fifth respondent pay R7 million for only 1975 squares of 4000 Consolidated property? This is very sad how some people can do this to the Seed family. The truth is out and thank you God for this report from the Pretoria Deeds Office to relieve the truth of what happened. It took 20 years to get the truth and the eighth respondent wanted this matter to be dismissed from being heard of what happened. After a court interdict was on the property in 1989 to stop any transfers to take place. REALLY??? This would have been a crime if the court had listened to the eighth respondent begging for this matter to be dismissed. This matter has gone from a 1% to a 100% case of the facts being proven to the court. Who is really at fault here??? Please comment below on what you think because this is a very sad story of what happened but at least the truth is now out, thank you to the staff of the Pretoria Deeds Office for the report to the court.
1 reviews | Active since Jan 2020
The Chief Registrar of Deeds refuse to correct a date in the Pretoria Deeds Office system or to instruct staff of the Pretoria Deeds office to correct the date. In my view the date 8 December, should read either 8 November or 18 December.
1 reviews | Active since Jan 2020
The Chief Registrar of Deeds refuse to correct a date in the Pretoria Deeds Office system or to instruct staff of the Pretoria Deeds office to correct the date. In my view the date 8 December, should read either 8 November or 18 December.
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