New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SECT 153

153 Powers of executors and administrators as to sale, mortgage or lease of real estate

(1) Subject as hereinafter mentioned executors and administrators may without the consent of any person or the order of a court--

(a) sell or mortgage the real estate of the deceased person for purposes of administration,

(b) sell the real estate of the deceased person as to which the deceased person died intestate for purposes of distribution or division amongst the persons entitled,

(c) lease the real estate of the deceased person in possession for any term not exceeding three years.

(2) Any conditions may be imposed on the exercise of any such power of sale, mortgage, or lease by an administrator, and either generally or in the case of a particular sale, mortgage, or lease, by rules of court, or by the court in the grant of administration (if any) or by other order.

(2A) No conditions imposed on the exercise by an executor of any such power of sale, mortgage, or lease shall operate after the commencement of the Conveyancing (Amendment) Act 1930 .

(2B) The court shall cause to be embodied in or endorsed on every certificate of the grant of administration a copy or record of any such conditions imposed by the order of the court.

(2C) No purchaser nor the Registrar-General, Crown Solicitor, or other person registering or certifying title under any sale, mortgage, or lease under this section shall be affected by any such conditions imposed by order of which the purchaser, Registrar-General, Crown Solicitor or person has not actual notice unless a copy or record of the order is registered.

(3) No purchaser, nor the Registrar-General, Crown Solicitor, or other person registering or certifying title under any sale, mortgage, or lease under this section, shall be bound to inquire whether the powers abovementioned or any of them are being or have been exercised for the purposes abovementioned, and the receipt of the executor or administrator shall be sufficient discharge, and shall exonerate the persons paying the same from any responsibility for the application of the moneys expressed to have been so received.

(4) Some or one only of several executors or administrators shall be entitled to exercise such powers with the leave of the court and not otherwise, and the court may make such orders as it thinks fit for the purpose of carrying out any such sale, mortgage, or lease.

(5) This section applies in the case of--

(a) grants of probate or administration or orders to collect made after the commencement of this Act, and

(b) grants of administration or orders to collect made before the commencement of this Act in respect of the estates of persons dying on or after the fifteenth day of December, one thousand eight hundred and ninety (being the day of the passing of the Probate Act of 1890 ).