TRANSFER OF LAND ACT 1893 - SECT 135
TRANSFER OF LAND ACT 1893 - SECT 135
135 . Transferee of tenant in tail may be registered for larger estate which tenant in tail can confer
A transfer or mortgage
in the ordinary form by a tenant in tail under this Act having power to create
an estate in fee simple shall create such estate in favour of a transferee
mortgagee or transferee under the power of sale in the mortgage and a
transferee from a tenant in tail or under a mortgage from a tenant in tail or
a mortgagee after foreclosure shall be entitled to have registered a
certificate of title for the larger estate which the tenant in tail is
empowered to confer but a mortgage under this Act if discharged shall not bar
the entail.
[Section 135 amended: No. 81 of 1996 s. 79.]