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16 1964

REGISTRATION OF TITLE ACT, 1964

PART IV

Devolution on Death and Descent on Intestacy

Application of Part IV.

109. —This Part applies to all registered land.

Devolution of registered land.

110. —The law relating to the devolution of real estate on death shall apply to all registered land as it applies to real estate.

Succession to beneficial interest in registered land on intestacy.

111. —All registered land which devolves upon the personal representatives of a deceased person shall on intestacy be distributed as if it were personal estate.

Abolition of rules of descent in relation to registered freehold land.

112. —(1) All existing rules, modes and canons of descent and of devolution by special occupancy are hereby abolished in relation to all registered freehold land except in so far as they may apply to the descent of an entailed estate.

(2) Dower, tenancy by the curtesy and escheat are hereby abolished in relation to such land.

Saving for deaths before commencement of this Act.

113. —(1) The preceding provisions of this Part apply only in cases of death after the commencement of this Act.

(2) The provisions of Part IV of the Act of 1891 shall, in cases of death before such commencement, continue to apply to all land which was subject to the provisions of that Part immediately before such commencement.

Meaning of “heirs”.

114. —In relation to registered freehold land, the following provisions shall have effect—

(a) “heir” or “heirs” used as a word of limitation in any enactment, deed or instrument passed or executed either before or after the passing of this Act shall have the same effect as if this Act had not been passed;

(b) “heir” or “heirs” used as a word of purchase in any enactment, deed or instrument passed or executed before the commencement of this Act shall bear the same meaning as if this Act had not passed;

(c) “heir” or “heirs” used as a word of purchase in any enactment, deed or instrument passed or executed after the commencement of this Act shall, unless a contrary intention appears, be construed to mean the person or persons, other than a creditor, who would be beneficially entitled to the personal estate of the ancestor if the ancestor had died intestate;

(d) subject as aforesaid, references to the heirs of any person in any enactment, deed or instrument passed or executed either before or after the passing of this Act, shall be construed to refer to his personal representatives.