4. Power to authorise sales of settled estates
Feedback & supportThe court or a judge, if it is considered proper and consistent with due regard for the interests of all parties entitled under the settlement, may from time to time authorise a sale of the whole or any part of any settled estates, to be conducted and confirmed in the same manner as a sale of lands sold under a judgment of the court.
court
“court” means the General Division of the High Court or a Judge sitting in open court in the General Division of the High Court;
The proceeds of such sale shall be invested, or dealt with by the court, in such manner as the court or a judge thinks best calculated to carry out the intentions of the settlor, and, subject thereto, with due regard to the interests of those intended to be benefited by the settlement.
judge
“judge” means a Judge sitting in chambers in the General Division of the High Court;
When any such lands are sold for building purposes, the court or a judge may, if it or he sees fit, allow the whole or any part of the consideration to be a rent issuing out of such lands, to be secured and settled in such manner as the court or judge approves.
On every sale under this Act, the court or a judge may direct what person or persons shall execute the deed of conveyance.
The deed, executed by such person or persons, shall take effect as if the settlement had contained a power enabling such person or persons to effect such sale.
settlement
“settlement” means any statute, deed, agreement, will or other instrument, or any number of such instruments, under or by virtue of which any immovable property, or any estates or interests therein, stand limited to, or in trust for, any person or persons, by way of succession, including any such instruments affecting the estates of any one or more of such persons exclusively.