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Section 346

Registration of personal representatives

of National Land Code (Revised - 2020)

ActIn forceProvision 327 of 391
Section 346

(1)

The 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)

and (4).

(2)

Any such application shall be accompanied by—

(a)

the grant of probate or letters of administration;

349

National Land Code 511

(b)

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

(c)

such other documents or evidence as the Registrar may require, or as may be prescribed.

(3)

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

“as representative” or, as the case may be, “as representatives”.

(4)

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.

(5)

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.