National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 3 · Remedies of chargees: Sale
258. Procedure prior to sale
Feedback & supportWhere any such order has been made, it shall be the duty of the Registrar of the Court—
Registrar
“Registrar” means— (a) in relation to land held or to be held under Registry title, or under the form of qualified title corresponding to Registry title, or under subsidiary title dependent on a Registry title, a Registrar of Titles or Deputy Registrar of Titles appointed under section 12; (b) in relation to land held or to be held under Land Office title, or under the form of qualified title corresponding thereto, or under subsidiary title dependent on a Land Office title, the Land Administrator;
to serve a copy thereof on the chargor, and on every chargee of the land or lease in question; and
to see that the sale is publicly advertised in accordance with rules of court or, in the absence of any rule in that behalf, the practice customarily adopted in the State.
The chargee on whose application the order was made shall—
prepare the conditions of sale, in accordance with the terms of the order and any determination thereunder by the Registrar of the Court;
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if the issue document of title to the land or, as the case may be, duplicate lease is in his custody, deposit the same with the Court not less than one week before the date fixed for the sale; and
in the case of a charge of an undivided share in land effected by virtue of subsection 343(6), deposit with the
Court not less than one week before the date fixed for the sale, the copy of the issue document of title issued to the co-proprietor under subsection 343(3).