deceased by will or deed or otherwise as fair and reasonable compensation to be assessed and taxed by the Master, subject to the review of the High Court, upon the petition of such executor or of any person having an interest in such estate: Provided that if any executor fails to lodge the account of his administration and distribution of the estate within six months from the date on which letters of administration were granted to him and has no lawful and sufficient excuse for such failure, it shall be competent for the Master to disallow the whole or any portion of the fees which such executor might otherwise have been entitled to receive in respect of his administration of such estate. [Subsection amended by section 4 of Act 12 of 1997.] 57 Transfer or mortgage of property held in community The survivor of two spouses who were married in community of property shall not, without the consent of the Master in writing, transfer any land belonging to the joint estate and registered in the name of such survivor unless and until an account of the administration of such estate has been lodged with and accepted by the Master, nor shall the survivor, unless and until such account has been so filed and accepted, mortgage without such consent any such land as aforesaid, except for the purpose of— (a) securing to the minor heirs of such deceased spouse the inheritance rightfully due to them; or (b) raising money in order to pay such inheritance into the hands of the Master. 58 Property bequeathed with limited interest and transfer to administrator (1) If a usufructuary or other limited interest, other than a fiduciary interest, in immovable property or a mortgage bond or a notarial bond has been bequeathed to any person with a direction that after the expiry of such interest the property or bond shall devolve upon any other person, whether certain or uncertain, the executor shall— (a) if the identity of the ultimate beneficiary is certain, transfer the property or cede the bond to him with the express reservation in the deed of transfer or cession of the rights of the person entitled to the limited interest; or (b) if the identity of the ultimate heir or legatee is uncertain, transmit the title deed or bond to the Registrar of Deeds in order that the terms of the will or a reference thereto may be endorsed on the title deed or bond and lodge with the Master proof that such endorsement has been made: Provided that, if it is uncertain whether or not the interest bequeathed is a fiduciary interest, the executor shall transmit the title deed or bond to the Registrar of Deeds in order that the terms of the will or a reference thereto may be endorsed on the title deed or bond 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 its delivery 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) shall be liable to pay all reasonable costs to which the executor may be put in obtaining possession of the deed. [Subsection as substituted by section 4 of Act 22 of 2001.] (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 section 4 of Act 22 of 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.