Cap. 10activeordinance

Probate and Administration Ordinance

遺囑認證及遺產管理條例

Full legislation

s.70

Powers of personal representative as to giving possession of land and powers of the court

(1)
A personal representative, before giving an assent or making a conveyance in
                favour of any person entitled, may permit that person to take possession of the
                land, and such possession shall not prejudicially affect the right of the personal
                representative to take or resume possession, nor his power to convey the land as if
                he were in possession thereof, but subject to the interest of any lessee, tenant or
                occupier in possession or in actual occupation of the land.
(2)
Any person who, as against the personal representative, claims possession of
                immovable property, or the appointment of a receiver thereof, or a transfer or
                conveyance thereof, or an assent to the vesting thereof, or to be registered as
                proprietor thereof, may apply to the court for directions with reference thereto,
                and the court may make such vesting or other order as may be deemed proper, and the
                provisions of the Trustee Ordinance (
Cap. 29
), relating
                to vesting orders and to the appointment of a person to transfer or convey, shall
                apply.
(3)
This section applies whether the testator or intestate dies before or after the
                commencement*
                of this Ordinance.
[cf. 1925 c. 23 s. 43 U.K.]