ADMINISTRATION OF ESTATES ACT
Chapter 6:01
and lodge with the Master proof that such endorsement has been
made.
(2) If an administrator has been appointed to administer any
property of a deceased person under his will, the executor of the
estate shall—
(a) transfer to the administrator such of the movable property of the
deceased as should, according to the distribution account, be
delivered; and
(b) cause the appropriate terms of the will or a reference thereto to
be endorsed by the Registrar of Deeds against any title deeds or
bond, whereupon the administrator shall become the owner of
the immovable property or the holder of the bond, as the case
may be; and
(c) lodge with the Master a quittance by the administrator for such
property and proof that any deeds and bonds have been
endorsed in accordance with paragraph (b).
(3) Nothing in this section shall affect the right of any executor to
sell any property for the purpose of paying the debts of the estate of
the deceased.
59 Penalty for refusing to deliver title deed to executor when
required
(1) Any person who is in possession of a title deed, that is required
by an executor in order to comply with section fifty-eight, and who
refuses to deliver it to the executor or unreasonably delays the its
delivery of such deed to such to the executor ⎯
(a) shall be guilty of an offence and liable to a fine not exceeding level
five or to imprisonment for a period not exceeding six months or to both
such fine and such imprisonment; and
(b) , in addition,shall be liable to pay all reasonable costs to which
the executor may be put in obtaining possession of suchthe
deed;.
[Subsection as substituted by s. 4 of Act 22/2001.]but the legal rights or position of such person shall not be
affected by his delivery of such deed in terms of this section.
(1a) Where a person delivers to an executor a title deed referred
to in subsection (1), his rights in respect of any property to which the
deed relates, or in respect of any debt or other thing secured by the
deed shall not be affected by his delivery of the deed to the
executor.
[Subsection as substituted by s. 4 of Act 22/2001.]
(2) Every executor shall, so soon as such deed is no longer
required for the purposes of complying with section fifty-eight, return
it to the person from whom it was received, if, but for this section,
such person would be entitled to possession thereof.
60 Court may grant its consent to alienation or mortgage of
property subject to certain restrictions
Whenever under a will or other instrument any unborn person will
be entitled to any interest in immovable property which is subject to
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