Registration of Title Act, 1964


Transmission of registered land from limited owner and on death.

61.—(1) Where land of which the owner is registered as limited owner under a settlement passes to another person on the determination of the estate or interest of the limited owner, the person to whom the land so passes may be entered in the register as full or limited owner of the land, as the case may require, on application made in the prescribed manner.

(2) On the death of a sole registered full owner of land, or of the survivor of several registered full owners of land not being registered as tenants in common, (which owner or survivor is in the succeeding provisions of this section referred to as the deceased owner), the personal representatives of the deceased owner shall alone be recognised by the Registrar as having any rights in respect of the land, and any registered dispositions by them shall have the same effect as if they were the registered owners of the land.

(3) (a) An application for registration made by a person who claims to be by law entitled to the land of a deceased registered full owner, accompanied, in case he is not the personal representative, by an assent or transfer in the prescribed form, shall authorise the Registrar to register such person as the full owner or limited owner of the land, as the case may be.

(b) It shall not be the duty of the Registrar, nor shall he be entitled, to call for any information as to why any assent or transfer is made and he shall be bound to assume that the personal representative is acting in relation to the application, assent or transfer correctly and within his powers.

(4) Where a person is registered as the full owner or limited owner of land under subsection (3), the costs incurred in connection with the registration shall be borne by that person.

(5) Where the High Court or the Circuit Court makes an order under subsection (4) of section 20 of the Administration of Estates Act, 1959 , vesting registered land in any person, it may also order that that person be registered as owner of that land.

(6) (a) Nothing in this Act or in the Administration of Estates Act, 1959 , shall operate to require the Registrar to register as the owner of land a person in his capacity as personal representative.

(b) The Registrar may enter on the register a note setting out the fact of the death of a registered owner of land and the names of his personal representatives.

(7) Where, on the application of any person claiming to be registered as owner of registered land in succession to a deceased full owner of such land, the court is satisfied—

(a) that at least six years have elapsed since the death of the deceased full owner, and

(b) that the personal representatives of such owner are dead or out of the jurisdiction,

the court may, if it thinks fit, notwithstanding anything in the Administration of Estates Act, 1959 , or this Act, dispense the applicant from the necessity of raising representation to the deceased full owner or of giving notice to his personal representatives and may order that the applicant be registered as owner of the land.

(8) Subsections (2) to (6) apply only in cases of death on or after the 1st day of June, 1959.

(9) Subsection (2) of section 37 of the Act of 1891, as amended by section 27 of and the Second Schedule to the Registration of Title Act, 1942 , shall continue to apply in cases of death before the 1st day of June, 1959, notwithstanding the repeal of those provisions.