44Certificate etc. void for fraud

44 Certificate etc. void for fraud S. 44(1) amended by No. 18/1989 s. 12(Sch. 1 item 77). (1) Any folio of the Register or amendment to the Register procured or made by fraud shall be void as against any person defrauded or sought to be defrauded thereby and no party or privy to the fraud shall take any benefit therefrom. (2) But nothing in this Act shall be so interpreted as to leave subject to an action of ejectment or for recovery of damages or for deprivation of the estate or interest in respect of which he is registered as proprietor any bona fide purchaser for valuable consideration of land on the ground that the proprietor through or under whom he claims was registered as proprietor through fraud or error or has derived from or through a person registered as proprietor through fraud or error; and this whether such fraud or error consists in wrong description of the boundaries or of the parcels of any land or otherwise howsoever. Pt 3A (Heading and ss 44A–44N) inserted by No. 23/2004 s. 6, amended by Nos 18/2005 s. 18(Sch. 1 item 107.2), 80/2009 ss 24–26, 7/2013 s. 12, repealed by No. 7/2013 s. 17. Pt 3B (Heading and ss 44O–44S) inserted by No. 7/2013 s. 13. Part IIIB—Registry instruments S. 44O inserted by No. 7/2013 s. 13.