98Transmission on death (old procedure)

98 Transmission on death (old procedure)

(1)  *[Section 98 Subsection (1) amended by No. 21 of 1996, s. 19 ]*The devisee or other person claiming an estate of freehold in the land of a deceased registered proprietor, who died testate before 18th October 1935, or intestate before 1st October 1874, or a person having a power of disposition over an estate of freehold in land of a deceased testate proprietor who died before 18th October 1935 –

(a) may make application in an approved form to the Recorder to be registered as proprietor of the estate; and

(b) shall –

(i) where the deceased proprietor dies testate, deposit with the Recorder the certificate of the death, the will, or an office copy or probate of the will of the deceased proprietor or any settlement under which the applicant claims; or

(ii) [Section 98 Subsection (1) amended by No. 23 of 2021, s. 82, Applied:01 Jan 2022] where the deceased registered proprietor dies intestate, deposit with the Recorder such evidence of title as the applicant is able to produce.

(2)  A person who makes application under subsection (1) shall state in the application –

(a) the nature of every estate or interest held by any other person at law or in equity in the land referred to in that subsection that is within the applicant's knowledge; and

(b) [Section 98 Subsection (2) amended by No. 23 of 2021, s. 82, Applied:01 Jan 2022] that the applicant believes the applicant to be entitled to the estate in that land.

(3)  The statements made in an application referred to in subsection (1) shall be verified by the statutory declaration of the applicant.

(4)  [Section 98 Subsection (4) amended by No. 23 of 2021, s. 82, Applied:01 Jan 2022] The Recorder, on being satisfied that the applicant is entitled to the estate claimed in the application, shall register the applicant as proprietor of that estate.