Section 76
of Probate and Administration Act 1959
Section 76
A personal representative, before giving an assent or making a conveyance in favour of any person entitled, may permit that person to take possession of the land, and the possession shall not prejudicially affect the right of the personal representative to take or resume possession, nor his power to convey the land as if he were in possession thereof, but subject to the interest of any lessee, tenant or occupier in possession or in actual occupation of the land.
(2)
Any person who, as against the personal representative, claims possession of immovable property, or the appointment of a receiver thereof, or a transfer or conveyance thereof, or an assent to the vesting thereof, or to be registered as proprietor thereof, may apply to the Court for directions with reference thereto, and the Court may make such vesting or other order as may be deemed proper, and the provisions of the Trustees Act 1949, relating to vesting orders and to the appointment of a person to transfer or convey, shall apply.
(3)
This section applies whether the testator or intestate dies before or after the commencement of this Act.