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Administration of Estates Act, 1965 (Act No. 66 of 1965)

Chapter II: Deceased Estates

39. Registration of immovable property in deceased estate

 

1) An executor shall, subject to the provisions of subsections (2) and (3), the Deeds Registries Act, 1937 (Act No. 47 of 1937), cause immovable property (including, in the case of a massed estate, any such property forming part of the share of the survivor or survivors of that estate) to which an heir is entitled according to a distribution account, to be registered in the name of the heir, subject to any rights and conditions affecting such property.

 

2) If a usufructuary or other like limited interest in any immovable property has been bequeathed to any person with a direction that after the expiry of such interest the property shall devolve upon some person uncertain or that the proceeds of the property shall devolve upon any person, whether certain or uncertain, the executor shall, subject to the provisions of section 25 of the said Act, cause the terms of the will or a reference thereto to be endorsed against the title deeds of the property, and lodge with the Master a certificate by the registration officer concerned or a conveyancer that the title deeds have been so endorsed.

 

3) If any heir is unable or could not without hardship be required to pay the costs involved in having any immovable property to which he is entitled according to a distribution account, registered in his name, the Master may authorise the executor to cause a note that the property has been bequeathed or inherited, as the case may be, to be endorsed against the title deeds of the property.

 

4) If the executor is a practising conveyancer and has performed any work in terms of this section in connection with the registration of, or the endorsement against the title deeds of, immovable property referred to in subsection (1), he shall be entitled to remuneration for such work in accordance with the fees and charges prescribed by regulation under section 10 (1) (c) of the Deeds Registries Act, 1937 (Act No. 47 of 1937).