Australian Capital Territory Current Acts

LAND TITLES ACT 1925 - SECT 135

    (1)     On the death of a registered proprietor, the executor, executrix, administrator, administratrix or other person claiming to be entitled to be registered as proprietor may apply to the registrar-general to be registered as proprietor of all or part of the interest of that deceased proprietor.

    (2)     An application shall be supported by—

        (a)     evidence of the grant of administration or such other evidence of the applicant's claim as he or she is able to produce; and

        (b)     where the applicant claims otherwise than as executor, executrix, administrator, administratrix or trustee—evidence of the consent of the executor, executrix, administrator, administratrix or trustee of the deceased proprietor, unless the registrar-general dispenses with that consent.

Note 1     A fee may be determined under s 139 (Determination of fees, charges and other amounts) for lodgment of an application for transmission on death of proprietor.

Note 2     If a form is approved under s 140 (Approved forms) for an application, the form must be used.

    (3)     Where the registrar-general is not satisfied that the evidence provided with an application is sufficient to support the application he or she may request the applicant to produce further specified evidence.

    (4)     Where the registrar-general is satisfied, on the basis of the evidence produced under subsection (2) or (3), that the applicant is entitled to be registered as proprietor, the registrar-general shall register the applicant as proprietor of the relevant interest.

    (5)     Where, pursuant to an application, a person is registered as proprietor with the consent of another person given under subsection (2) (b), the person who has given the consent shall be deemed to have become registered as proprietor, immediately before the registration of the applicant as proprietor, of the land specified in the application and to have transferred that land to the applicant.

    (6)     In this section:

"grant of administration" means—

        (a)     a grant of probate, or of letters of administration, under the Administration and Probate Act 1929

; or

        (b)     a grant of an order to collect and administer under section 88 of that Act; or

        (c)     an election to administer under section 87C of that Act; or

        (d)     a corresponding grant or election under a law in force in a State or another Territory.