42Obligations of personal representative permitting possession of lands, and powers of the Court

### 42 Obligations of personal representative permitting possession of lands, 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)  *\[Section 42 Subsection (2) amended by No. 19 of 1980, s. 171 and Sched. 1 \]*Any person who as against the personal representative claims possession of real estate, or the appointment of a receiver thereof, or a conveyance thereof, or an assent to the vesting thereof, or to be registered as the proprietor thereof under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) , 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 Act 1898](/view/html/inforce/2026-04-12/act-1898-034) , relating to vesting orders and to the appointment of a person to convey, shall apply in respect thereof. > > > (3)  This section applies whether the deceased died before or after the commencement of this Act.