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61 (1) If a person to whom land has been conveyed by way of mortgage has died without having entered into possession or into the receipt of the rents and profits of the land, and the money due in respect of the mortgage has been paid to a person entitled to receive it or the person entitled consents to an order for reconveyance of the land, then in the following cases the court may make an order vesting the land in the persons, in the manner and for the estate that the court directs:

  • (a) an heir or devisee of the mortgagee is out of the jurisdiction of the court or cannot be found;
  • (b) an heir or devisee of the mortgagee has, on a demand by a person entitled to require a conveyance of the land or by the authorized agent of that person, stated in writing that the heir or devisee will not convey it or will not convey it for 28 days after a proper deed for conveying the land has been tendered to the heir or devisee by the person entitled or by the agent;
  • (c) it is uncertain which of several devisees of the mortgagee was the survivor;
  • (d) it is uncertain as to the survivor of several devisees of the mortgagee, or as to the heir of the mortgagee, whether the survivor or heir is living or dead;
  • (e) the mortgagee has died intestate as to the land and without an heir, or has died and it is not known who is the mortgagee’s heir or devisee.
  • (2) The order of the court made under subsection (1) has the same effect as if the heir or devisee, or surviving devisee, as the case may be, had duly executed a conveyance or assignment of the land in the same manner and for the same estate.

1979-414-61; 2023-10-1132.


See Di Castri, Registration of Title to Land, vol. 2, para. 420.