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Authority Of Court To Order The Surrender Of Owner's Duplicate Certificate

AUTHORITY OF COURT TO ORDER THE SURRENDER OF OWNER’S DUPLICATE CERTIFICATE


> In order that the court may order the registered owner to surrender his owner’s duplicate, it has to determine upon the evidence presented by the parties whether the registered owner had been lawfully divested of his title thereto


> That of course requires and involves of the determination of the question of title to the registered property


> Section 107 doesn’t constitute a reopening of the decree entered as a result of proceedings in rem for the confirmation of imperfect title under said act, it cannot be deemed to contravene the purpose or aim of the Torrens system.


Authority Of Court To Order The Surrender Of Owner's Duplicate Certificate

AUTHORITY OF COURT TO ORDER THE SURRENDER OF OWNER’S DUPLICATE CERTIFICATE


> In order that the court may order the registered owner to surrender his owner’s duplicate, it has to determine upon the evidence presented by the parties whether the registered owner had been lawfully divested of his title thereto


> That of course requires and involves of the determination of the question of title to the registered property


> Section 107 doesn’t constitute a reopening of the decree entered as a result of proceedings in rem for the confirmation of imperfect title under said act, it cannot be deemed to contravene the purpose or aim of the Torrens system.


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