Form LRA 39 - Transfer to the Personal Representative as Executor/Administrator

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Document Overview

Form LRA 39 is a statutory form under the Land Registration Act and the Land Registration (General) Regulations, 2017 and is used to formally transfer land or property rights from the estate of a deceased person to their personal representative (either an executor named in a will or an administrator appointed through letters of administration).

The purpose of this form is to:
1. Facilitate estate administration by legally transferring the deceased’s registered land/property to the personal representative.
2. Allow lawful management of the property, enabling the representative to distribute, sell, lease, or otherwise deal with the property in accordance with succession laws.
3. Ensure compliance with succession and land laws, especially the Land Registration Act (No. 3 of 2012) and the Land Act (No. 6 of 2012).
4. Protect beneficiaries’ interests by ensuring property is only transferred to duly appointed executors or administrators

Key Components:

The form is structured into several important parts:
1. Title Information
- Title number of the property.
- Date of transfer.
2. Transferor(s) Section
- Full name(s) of the personal representative(s) acting as transferors.
- Identification details (ID/Passport).
- Their role as representatives of the estate of the deceased.
3. Transferee(s) Section
- Full name(s) of the personal representative(s) receiving the property.
- Date of Letters of Administration or Grant of Probate.
- Nature of interest being transferred.
4. Transfer Declaration
- Statement that the transfer is made under the Land Registration Act and Land Act.
- Acknowledgment that it is subject to entries in the property register.
- Provision for any additional special conditions.
5. Execution
- Signing by the transferor(s) as a deed.
- Inclusion of coloured photographs, ID/Passport numbers, PIN, and signatures/thumbprints.
- Attestation and certification by a witness/authorized person verifying the execution.
6. Certificate of Verification
- Formal certification that the transferors appeared before the certifier, were identified, and signed freely and voluntarily.
7. Land Registrar Section
- Official registration, seal, and endorsement by the Land Registrar, finalizing the transfer

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Form LRA 39 - Transfer to the Personal Representative as Executor/Administrator

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