PART XI
TRANSMISSIONS
107.
—(1) Personal representatives or any other person claiming land of a deceased proprietor may apply in the approved form to become registered as proprietors by transmission of the land, and upon proof of their representation or claim, the Registrar shall enter on the folio a memorial of registration in accordance with section 37.
(2) An application under this section by a person claiming land of a deceased proprietor otherwise than as personal representative shall not be registered unless it can be established to the satisfaction of the Registrar that a transfer to that person by the personal representative is not reasonably practicable.
(3) The Registrar may, in his discretion, register a transmission application by the Public Trustee acting in his capacity under section 6 of the Public Trustee Act (Cap. 260) in the administration of an estate in respect of which representation has not been taken out.
(4) For the purposes of this section, “personal representative” includes —
(a)
the administrator of an executor; and
(b)
the executor of an administrator.
108. Upon production of the grant of probate of the will or letters of administration of the estate of a deceased proprietor, the Registrar may, without requiring a transmission application, register —
(a)
any transfer by the personal representative expressed to be made —
(i)
in pursuance of a devise in the will of the proprietor;
(ii)
in exercise of a power of appropriation of the assets of the proprietor;
(iii)
in pursuance of an appointment of new trustees of the proprietor;
(iv)
by way of distribution under the intestacy of the proprietor; or
(v)
in pursuance of a contract entered into by the proprietor in his lifetime;
(b)
a discharge of a mortgage or charge of which the deceased person was the proprietor; and
(c)
a surrender of a lease of which the deceased person was the proprietor.
109.
—(1) Notwithstanding the existence of any law empowering less than the full number of personal representatives to deal with the estate of a deceased person, the Registrar shall not register any dealing under section 108 nor any transmission application made by less than the full number of personal representatives then living except that, where in a grant of probate leave has been reserved to one or more executors to come in and prove, the Registrar shall not be concerned to inquire whether double probate has been granted.
(2) An executor who has neglected to become registered as proprietor after obtaining a grant of double probate may nevertheless join in or consent to instruments executed by his co-executors.
110.
—(1) Subject to subsection (1A), the Official Assignee claiming land under an adjudication of bankruptcy of a proprietor or under an order for administration in bankruptcy of the estate of a deceased proprietor may apply in the approved form to become registered as proprietor by transmission of the land so claimed, and upon proof of such adjudication or order, the Registrar shall enter on the folio a memorial of registration in accordance with section 37.
[25/2001]
(1A) The Official Assignee shall make such application as referred to in subsection (1) before exercising his rights under the Bankruptcy Act (Cap. 20) to sell the property.
[25/2001]
(2) Notwithstanding the provisions of any written law relating to bankruptcy for the time being in force, the vesting of registered land pursuant to proceedings thereunder shall be subject to the registration of a transmission application as provided in this section.
(3) For the purposes of this Act, any dealing with land of which the Official Assignee is the proprietor may be executed by the Official Assignee for the time being.
111. Where the Official Assignee is entitled to take possession of land of a proprietor under a receiving order, or under an appointment of an interim receiver, he may lodge a caveat under section 115.
112. Notwithstanding the provisions of any written law relating to bankruptcy for the time being in force, no disclaimer, nor order for the discharge of a bankrupt, nor order for the annulment of an adjudication in bankruptcy, shall operate to divest the Official Assignee of registered land of which he is the proprietor until he has executed and caused to be registered such transfers or other instruments as may be necessary to give effect to any such disclaimer or order.
113. On registration of any transmission application in accordance with this Part —
(a)
the estate and interest of the former proprietor, as set forth in the land-register, together with all easements, rights and powers, thereto belonging or appertaining, shall pass to and be vested in the person so registered as proprietor; and
(b)
that person shall hold the land in trust for the persons and purposes for which it is applicable by law; but for the purpose of any dealing under the provisions of this Act, and notwithstanding the fact that his description may indicate a fiduciary capacity, he shall be deemed to be the absolute proprietor of the land.
114.
—(1) Upon the death of a joint tenant or of a life tenant of registered land, the proprietor who has become entitled to that land consequent upon that death may apply in the approved form to have the death notified in the land-register.
(2) Upon proof to his satisfaction of such a death, the Registrar shall make such entries in the land-register as may be necessary to indicate that the interest of the deceased proprietor has determined, and that the land has become vested in the survivor or other person entitled in reversion or remainder, as the case may be.
(3) Where a person has become entitled to registered land consequent upon defeasance of the interest of the proprietor of that land, and under circumstances in respect of which no express provision is made by this Act for registration of the interest of that person, he may apply for such registration in the approved form.
(4) Section 29 of the Estate Duty Act (Cap. 96) shall apply to registered land, and upon the death of a joint tenant or a life tenant of registered land, the Commissioner of Estate Duties shall not be required to register any instrument of charge claiming an interest in the land for estate duty payable.