Western Australian Current Acts

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135 .         Transferee of tenant in tail may be registered for larger estate which tenant in tail can confer

                A transfer or mortgage in the ordinary form by a tenant in tail under this Act having power to create an estate in fee simple shall create such estate in favour of a transferee mortgagee or transferee under the power of sale in the mortgage and a transferee from a tenant in tail or under a mortgage from a tenant in tail or a mortgagee after foreclosure shall be entitled to have registered a certificate of title for the larger estate which the tenant in tail is empowered to confer but a mortgage under this Act if discharged shall not bar the entail.

        [Section 135 amended: No. 81 of 1996 s. 79.]

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