Section 343
Incidents of co-proprietorship
of National Land Code (Revised - 2020)
(1)
Where any land is vested in two or more persons or bodies as co-proprietors—
(a)
their shares therein shall be deemed to be equal unless different proportions are specified in the memorial of registration;
(b)
they may at any time apply for the partition of the land under Chapter 2 of Part Nine, but, so long as their co-proprietorship continues, shall each be entitled to possession and enjoyment of the whole; and
(c)
on the death of any of them or, in the case of a body, its dissolution, the share to which he or it was formerly entitled shall not pass to the other or others, but shall devolve upon his personal representatives or, as the case may be, be disposed of in the like manner as its other assets.
346
Act 828
(2)
The issue document of title to any such land shall, in the absence of agreement between the co-proprietors as to its custody, be retained by the Registrar.
(3)
There may be issued to a co-proprietor of any such land upon application by him and upon payment of the prescribed fee therefor a copy of the issue document of title to the land bearing an endorsement dated and signed by the Registrar stating that the copy is issued to the co-proprietor named in the endorsement.
(4)
Where an application for a copy of an issue document of title is made under subsection (3), such copy shall not be issued unless and until the issue document of title is already in the custody of the Registrar under subsection (2), or is surrendered to the Registrar for retention by the Registrar, or the Registrar has obtained the delivery of the issue document of title for retention by the Registrar by notice to the co-proprietor or other person in whose possession or control it is at the time of the application under subsection (3).
(5)
Upon issuing a copy of the issue document of title under subsection (3), the Registrar shall make a memorial thereof on the register document of title to the land, showing the date of issue and the co-proprietor in whose name such copy is issued.
(6)
Such copy of an issue document of title may be used by the co-proprietor in whose name it is issued solely for the purpose of effecting any transfer, or creating any charge, or creating any lien under section 281, in respect of the undivided share of such co-proprietor in the same manner as an issue document of title may be used for the purpose of effecting such transfer or creating such charge or lien, and shall for such purposes be deemed to be an issue document of title in respect of the undivided share of such co-proprietor.
(7)
Where such copy of an issue document of title is presented for registration of an instrument of transfer of the undivided share of such co-proprietor, or of a certificate of sale in respect of such undivided share, the Registrar shall retain such copy and cause it to be destroyed upon completion of the registration of the instrument of transfer, or the registration of the certificate of sale, as the case may be, and make a memorial on the register document of title that such copy has been destroyed by him.
347
National Land Code 509