Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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S.L. 55.6 · Examination Of Title Regulations (S.L. 55.6)

S.L. 55.6 Art. 10Intestate succession.

In KraftAmtlicher Text

Where the immovable has devolved by intestate succession on the transferor or on any of his predecessors in title within the prescriptive period:

(a) the provisions of regulation 9 shall mutatis mutandis apply; and

(b) a Court decree declaring open the succession of the person from whom the immovable devolved shall form part of the searches, unless at least one of the transferors provides an affidavit of the family tree in which case the affidavit shall form part of the searches instead of the decree: Provided that the provisions of paragraph (b) shall not apply to the predecessors in title of the transferor in the case where the immovable had devolved by intestate succession on any such predecessor in title prior to the coming into force of these regulations.