Rule 75 – Registration under transfer over-reaching estate or interest of registered owner

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(1) Where, in a case to which Section 60 of the Act applies, the ownership of registered property passes to another person under a disposition in defeasance of the estate or interest of the registered owner, then, subject to any objection received in reply to a notice sent as prescribed by Rule 76, registration of the transferee shall be made on the production of the following evidence-

(a) where the disposition is made by a person in the exercise of a statutory power or a power registered as a burden, the appointment, deed poll or other instrument by which the power is exercised and, subject to Rule 81, such evidence as a purchaser could require if the property was unregistered, showing that the power is exercisable, and has been exercised, by the person in whom it is vested;

(b) where the disposition is made by a person other than the registered owner in execution of a judgment, order, decree or process of court, the disposition executed by the person appointed by the court to execute it, accompanied by an official copy of the order of the court appointing him/her;

(c) where the property is transferred by statute, an application in writing for registration in which the statute relied on is referred to, and, subject to Rule 82, the evidence relied on in proof that the conditions have arisen or that the events have happened that transfer the property by virtue of the statute.

(2) Proof of any facts required by this rule may be given by affidavit or statutory declaration.