Victorian Current Acts

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Obligations of personal representative to give possession

    (1)     A personal representative, before giving an assent or making a conveyance in favour of any person entitled, may permit that person to take possession of the land, and such possession shall not prejudicially affect the right of the personal representative to take or resume possession nor his power to convey the land as if he were in possession thereof, but subject to the interest of any lessee, tenant or occupier in possession or in actual occupation of the land.

    (2)     Any person who as against the personal representative claims possession of real estate (including chattels real) or the appointment of a receiver thereof, or a conveyance thereof, or an assent to the vesting thereof, or to be registered as proprietor thereof under the Transfer of Land Act 1958 , may apply to the Court for directions with reference thereto, and the Court may make such vesting or other order as may be deemed proper, and the provisions of the Trustee Act 1958 relating to vesting orders and to the appointment of a person to convey, shall apply.

No. 3632 s. 44.

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