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TRANSFER OF LAND ACT 1958 - SECT 49 Registration of personal representatives

TRANSFER OF LAND ACT 1958 - SECT 49

Registration of personal representatives

S. 49(1) amended by Nos 9976 s. 11, 18/1989 s. 12(Sch. 1 item 79(a)(b)), 80/2009 s. 29.

    (1)     Upon the legal personal representative of any deceased registered proprietor making application in an appropriate approved form to be registered as proprietor in respect of any land and submitting his authority in that behalf the Registrar shall in any relevant part of the Register make a recording of the appointment of such personal representative; and thereupon such personal representative shall become the transferee and be the proprietor of the estate or interest of the deceased proprietor.

    (2)     The personal representative shall hold the land subject to all equities upon which the deceased held it, but for the purpose of any dealing with the land under the provisions of this Act shall be the registered proprietor thereof.

S. 49(3) amended by No. 18/1989 s. 12(Sch. 1 item 80(a)(b)).

    (3)     The title of every personal representative becoming a transferee under this section shall upon such recording being made in the Register relate back to and be deemed to have arisen upon the death of the proprietor of the land as if there has been no interval of time between such death and recording.

No. 5842 s. 50.

S. 50 amended by No. 9976 s. 11.