Rule 76 – Notice of application for registration under transfer over-reaching estate or interest of registered owner

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(1) The notice of an application for registration in defeasance of the estate or interest of a registered owner referred to in Section 60 of the Act shall not be given where the estate or interest is overreached by statute, a Land Judge’s conveyance, a vesting order of a court or of the Land Commission or the Minister for Agriculture, Food and the Marine, a transfer by the Land Commission or the Minister for Agriculture, Food and the Marine in exercise of its statutory powers or a transfer executed by a person appointed by a court for that purpose in execution of its judgment, order or decree.

(2) In default of the concurrence of the personal representative of a deceased registered owner, or, in the case of a charge or burden, of a deceased registered owner, to an application for registration under the said Section 60 in cases other than those specified in paragraph (1) of this rule, notice of the application in Form 27 shall be given-
(a) to the personal representative, or

(b) where there is no personal representative, to the person or persons claiming to be entitled, whether under the will of the deceased, on his/her intestacy or under Section 111 of the Succession Act, 1965.

(3) The applicant for registration shall furnish to the Authority the particulars necessary for the service of the notices prescribed by this rule, insofar as the applicant is in a position to do so.