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Provisions for transfer of land to trustees, and issue of new titles on death

Cap. 327, s. 31 · Revised Edition 2020

(1) Where the registered proprietor of any land desires to transfer it to trustees, he may record, under Part VI the deed or document constituting the trust, and he shall, on the same day, present to the Registrar a memorandum of transfer to the persons named as trustees, in the ordinary form of an absolute transfer to individuals, with the words “as trustees” added to their description. (2) The Registrar shall thereupon issue to the transferees a certificate of title with the words “as trustees” added to the description of the registered proprietors and, subject to sub- section (6) of this section, there shall be no other reference therein to the trust deed. (3) Where in the trust deed trustees are named with the right in the survivor or survivors to act after the death of one or more of their number, the survivor or survivors may require the Registrar to issue to him or them a new certificate of title in his or their names as registered proprietor or proprietors of the land, and every such certificate of title shall have the words “as trustee” or “as trustees” added to the description of the registered proprietor or proprietors. 27 (4) Where a new trustee or trustees is or are substituted for a deceased trustee or trustees under the trust deed or pursuant to any statutory provisions, the Registrar shall issue a new proprietor’s duplicate of title in the names of all the trustees subsisting at the date of the application therefor. (5) Notwithstanding anything contained in this section, a certificate of title shall not be issued to more than four registered proprietors “as trustees” and if the number of trustees appointed under a trust deed exceeds four, a certificate of title shall be issued to the first four trustees named in the trust deed. (6) Every certificate of title issued to a registered proprietor “as trustee” shall be connected with the trust deed relating to it by reference to the folio and volume in which the trust deed is recorded in the Registry.
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