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Section 46 Vesting order in place of conveyance by personal representative of mortgagee.

Where—

(a)

a mortgagee of land has died without having entered into possession or into the receipt of the rents and profits thereof; and

(b)

the money due in respect of the mortgage has been paid to a person entitled to receive the same, or that person consents to an order for the reconveyance of the land;

the court may make an order vesting the land in such person in such manner and for such estate or interest as the court may direct, where—

  1. (i)

    a personal representative or devisee of the mortgagee is out of the jurisdiction of the High Court or cannot be found, or, being a corporation, has been dissolved; or

  2. (ii)

    a personal representative or devisee of the mortgagee on demand made by or on behalf of a person entitled to require a conveyance of the land has stated in writing that he will not convey the same or does not convey the same for the space of twenty-eight days after a proper instrument for conveying the land has been tendered to him by or on behalf of the person so entitled; or

  3. (iii)

    it is uncertain which of several devisees of the mortgagee was the survivor; or

  4. (iv)

    it is uncertain whether the personal representative of the mortgagee or the survivor of several devisees of the mortgagee is living or dead; or

  5. (v)

    there is no personal representative to a mortgagee who has died intestate as to the land, or where the mortgagee has died, and it is uncertain who is his personal representative or devisee.