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Issue of new certificate of title to devisee on death of registered proprietor

Cap. 327, s. 34 · Revised Edition 2020

(1) Whenever a registered proprietor dies, leaving a will disposing of any land by way of specific devise to another person, and the personal representative of such registered proprietor either assents to the devise or does not require it as 28 assets for payment of the testator’s funeral and testamentary expenses and his lawful debts, he shall deliver to the Registrar a memorandum of assent together with the proprietor’s duplicate, the probate and an office copy of the will and any other necessary documents for the purpose of transferring the title of the land to the devisee. (2) If any person, other than the personal representative, is in possession of the proprietor’s duplicate, he shall deliver it up to the Registrar at the latter’s request for the purpose of the transfer being made and the Registrar shall make the said transfer in accordance with the provisions for transferring land (3) The Registrar shall, before delivering the new proprietor’s duplicate issued in the name of the devisee, note on the registered duplicate of the deceased proprietor the date of the will, the date of the death and such reference to the register of probate of wills as may enable it to be readily found and shall cancel the duplicate in the name of the deceased. (4) Except for the name and description of the devisee, the new duplicates shall be a complete facsimile of the cancelled duplicates showing the notings of all legal estates and interests, legal charges and incumbrances thereon. (5) Where the person other than the personal representative who had possession of the proprietor’s duplicate of the deceased’s certificate of title was lawfully in possession thereof, the Registrar shall deliver to him the new proprietor’s duplicate.

Amended by: 10 of 1958

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