Hong Kong Ordinances

LAND TITLES ORDINANCE - SECT 64

Transmission on death of sole owner or tenant in common

not yet in operation

(1) Where a sole owner or tenant in common of registered land or a
registered charge dies, or a sole lessee of or one of 2 or more lessees
holding as tenants in common of a registered long term lease dies, his
personal representative shall, on the presentation to the Registrar of the
grant concerned, be entitled to be registered as the owner of the land or
charge, or as the lessee of the lease, in the place of the deceased, with the
addition after the personal representative's English name of the words "as
executor of the will of ............. deceased" or "as administrator of the
estate of ............. deceased", as the case may be, and after the
personal representative's Chinese name of the words
"作為死者.......的遺囑執行人 " or
"作為死者.......的遺產管理人", as the case may be.

(2) Where a sole owner or tenant in common of registered land or a
registered charge dies, or a sole lessee of or one of 2 or more lessees
holding as tenants in common of a registered long term lease dies, the
Registrar may, on the presentation to him of the grant concerned by the
personal representative of the deceased owner or lessee, and without requiring
the personal representative to be registered in accordance with subsection
(1), register—

   (a)  a transfer of the land, charge or lease by the personal 
        representative; or

   (b)  a discharge of the charge by the personal representative.

(3) Where under section 17 of the New Territories Ordinance ( Cap  97) as read
with section 12 of the New Territories Land (Exemption)  Ordinance ( Cap 452)
any registered land is vested in any person as a successor, that person shall,
on the presentation to the Registrar of evidence which satisfies the Registrar
that the land has so vested, be entitled to be registered as the owner of the
land in place of the deceased person concerned.

(4) In this section, "grant" (授予承辦證明) means—

   (a)  the grant of the probate of the will;

   (b)  the grant of letters of administration of the estate; or

   (c)  evidence of the summary administration, under section 15 of the
        Probate and Administration Ordinance ( Cap 10), of the estate, of the
        deceased owner of registered land or a registered charge, or the
        deceased lessee of a registered long term lease, and includes the
        resealing of the grant.

"grant" (授予承辦證明)