Section 169
Transmissions
⎯(1) Whenever a proprietor, chargee or sublessee shall die, become bankrupt or be declared mentally disordered, the representative of such person shall present to the Registrar in Form N in the First Schedule a written application to be registered as proprietor, chargee or sublessee, together with the issue document of title and such other documents as may be necessary, and the original and a certified copy of the certificate of representation, or other satisfactory proof that he is legally entitled to be registered as
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proprietor, chargee or sublessee, as the case may be. The Registrar shall thereupon make on the Register and issue document of title and, in the case of a chargee or sublessee, upon the memorandum of charge or sublease, appropriate entries showing the nature of the certificate of representation and the circumstances under which the applicant became entitled to be registered, and shall register him as proprietor, chargee or sublessee accordingly.
(2)
Before registering any person as representative of any deceased person, the Registrar shall satisfy himself that estate duty has been paid or that satisfactory arrangements therefor have otherwise been made.
(3)
Upon the death of any co-proprietor not being a trustee, his undivided share shall devolve upon his representative and not upon the surviving co-proprietor or co-proprietors.
(4)
Upon the registration being made pursuant to subsection
(1)
, the representative shall hold the land, charge or sublease subject to all equities affecting the same but, for the purpose of any dealing therewith, shall be deemed to be the absolute proprietor thereof:
Provided that no charge or sublease executed by the representative of a deceased person shall be registered unless it has been consented to by a Probate Officer, as defined by the
Administration of Estates Ordinance [Cap. 80 (1948 Ed.)], or has been made under the authority of an order of a court of competent jurisdiction.