Judge orders Registrar of Lands to issue title
JUSTICE Franklyn Holder, in a history making decision last December 20, granted an Order of Mandamus, directing Juliet Sattaur, Registrar of Lands in the Land Registry, to show why Parbatie Khan, the applicant, should not be issued forthwith a Certificate of Title for property at Skeldon, Corentyne, Berbice.
The ruling following an application by attorney-at-law Mr. Mirza Sahadat, who, in a supporting affidavit, stated that Khan, 77, is the executrix of the estate of Hafiz Khan also known as Hafiq Khan and Hafi, now deceased, formerly of Lot 159 Line Path B, Skeldon, Corriverton, who died testate, on May 25, 2010, at Woodlands Hospital in Georgetown.
Khan said that, on December 3, 2010, through her lawyer, she caused to have filed, for a probate which was granted on October 4, 2010, the statements of assets and liabilities and the last Will and Testament of the deceased, who was her husband.
She said file receipts were issued and, since that date, the Registrar of Lands has failed to issue her the Certificate of Title.
Several enquiries for the title were made and an officer, stationed at the Registry of Lands in Berbice, has indicated that the matter is to be checked by the Registrar of Lands and for her to instruct the typist to type the Certificate of Title.
The applicant is of the opinion that there are no impediment to the issuance of title to her and that there are no queries brought to the attention of her lawyer.
The Registrar of Lands has a public duty to process and issue Certificates of Titles, including the applicant’s under the Registry Act Chapter 5:02.