Land Act, 1939
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Power to appoint limited administrators and nominate representatives of tenants and owners in certain cases. |
54.—(1) Where any difficulty arises in proceedings under the Land Purchase Acts by reason of the fact that a person to whom this section applies has died and there is no legal personal representative of such deceased person or the services of the legal personal representative of such deceased person are not conveniently available for the purposes of such proceedings, the following provisions shall have effect, that is to say:— | |
(a) the Land Commission may, on such terms and conditions (if any) as they may think proper, appoint some proper person to be the administrator of the personal estate of such deceased person limited to the purposes of such proceedings, | ||
(b) the said person so appointed shall, for the purposes of such proceedings, represent such deceased person in the same manner as if such deceased person had died intestate and letters of administration of his personal estate had been duly granted to the said person so appointed, | ||
(c) the Land Commission may, if they so think fit, vest the relevant holding or parcel in the said person so appointed. | ||
(2) Where any difficulty arises in proceedings under the Land Purchase Acts by reason of the fact that a person to whom this section applies is absent or is under a disability, the following provisions shall have effect, that is to say:— | ||
(a) the Land Commission may nominate a person to represent for the purposes of such proceedings such person absent or under a disability, | ||
(b) the said person so nominated shall be entitled to do all acts necessary for the purposes of such proceedings as if he were the donee of a power of attorney from such person absent or under a disability, | ||
(c) the Land Commission may, if they so think fit, vest the relevant holding or parcel in the said person so nominated. | ||
(3) Where a holding or parcel is vested by the Land Commission in a person who under this section is either appointed to be the administrator of the personal estate of a deceased person or nominated to represent a person absent or under a disability, the interest so vested shall be a graft upon the interest of such deceased person or such person absent or under a disability (as the case may be). | ||
(4) This section applies to every person who is— | ||
(a) the tenant of a holding comprised in a list of congested districts holdings published under section 23 of the Land Act, 1931 , or in a list of holdings on untenanted land published or deemed to be published under section 24 of that Act as amended by section 33 of the Land Act, 1936 , or | ||
(b) the tenant of a holding (not being a holding comprised in any such list of congested districts holdings) on an estate transferred by the Land Law (Commission) Act, 1923 (No. 27 of 1923), from the late Congested Districts Board to the Land Commission or purchased by the Land Commission under powers transferred by that Act from the said Board to the Land Commission, or | ||
(c) the tenant or owner of a holding or parcel of land proposed to be exchanged for or consolidated with other land, or | ||
(d) the tenant or owner of a holding or parcel of land for the benefit or improvement of which the Land Commission propose to make an expenditure by way of an advance or free grant. | ||
(5) No appointment shall be made after the passing of this Act under either section 1 of the Land Act, 1929 , or section 20 of the Land Act, 1936 . |