108. Effect of lodgment of a conflicting instrument
Feedback & supportUpon lodgment for registration of an instrument the registration of which is prohibited by a caveat, the Registrar shall serve on the caveator a notice of his intention, at the expiration of 21 days from the date of the notice, to register the instrument, and he shall so register the instrument unless within that period of 21 days —
Registrar
“Registrar” means the Registrar of Titles appointed pursuant to this Act.
an order to the contrary has been made by the Court and served on the Registrar; or
the instrument has been uplifted or withdrawn or otherwise becomes incapable of registration.
For the purpose of this section, an instrument shall not be deemed to have been lodged for registration until (except for the presence of a caveat) it is in order for registration.
order
“order” means an order of the Court, and includes a rule and a decree;
Where, after service of notice of intention to register as aforesaid, the instrument to which the notice relates is uplifted, or withdrawn, or otherwise becomes incapable of registration, the effect of the notice is cancelled, and the caveat is restored to its former efficacy.[104