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.]