National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 2 · Trusts
346. Registration of personal representatives
Feedback & supportThe personal representative or representatives of any deceased person may apply to the Registrar under this section to be registered as such in respect of any land, or share or interest in land, forming part of that person’s estate; and the Registrar, if satisfied that any estate duty due in respect of the estate has been paid, or a postponement of payment allowed in respect of the land, share or interest in question, shall give effect to the application in accordance with subsections (3)
Registrar
“Registrar” means— (a) in relation to land held or to be held under Registry title, or under the form of qualified title corresponding to Registry title, or under subsidiary title dependent on a Registry title, a Registrar of Titles or Deputy Registrar of Titles appointed under section 12; (b) in relation to land held or to be held under Land Office title, or under the form of qualified title corresponding thereto, or under subsidiary title dependent on a Land Office title, the Land Administrator;
and (4).
Any such application shall be accompanied by—
the grant of probate or letters of administration;
349
National Land Code 511
if available, the issue document of title to the land or, where the application relates to a lease or a charge, the duplicate thereof; and
such other documents or evidence as the Registrar may require, or as may be prescribed.
The Registrar shall give effect to any such application by endorsing on the register document of title to the land to which, or a share or interest in which, it relates a note of the date of death of the deceased person and a memorial to the effect that the said land, share or interest is vested in the applicant or applicants
register document of title
“register document of title” means any document registered, or prepared for registration, under this Act and evidencing or, as the case may be, intended to evidence title to land, and any document evidencing title to land registered before the commencement of this Act under the provisions of any previous land law;
“as representative” or, as the case may be, “as representatives”.
Every such memorial shall be signed and sealed by the
Registrar, and a copy thereof shall be made on the issue document of title or, as the case may be, duplicate lease or charge, if sent with the application or subsequently obtained by him.
issue document of title
“issue document of title” means any document prepared for issue to the proprietor of any land (whether under this Act or under the provisions of any previous land law), being a copy of, or an extract from, the register document of title relating thereto;
No personal representative or representatives shall be capable of executing any instrument of dealing in respect of any land, share or interest until it has become registered in his or their name or names pursuant to this section.
dealing
“dealing” means any transaction with respect to alienated land effected under the powers conferred by Division IV, and any like transaction effected under the provisions of any previous land law, but does not include any caveat or prohibitory order;