Victorian Current Acts Victorian Current Acts(1) A provisional folio under this Division is to be created in the name of—
(a) the person who in accordance with the documents is entitled to be registered as proprietor of the fee of the land; or
(b) if the creation of the folio is based on the delivery of a document which is a conveyance of the land by way of mortgage, the person who in accordance with the documents lodged is entitled to be registered as proprietor of the equity of redemption; or
(c) if a person mentioned in paragraph (a) or (b) directs the folio to be created in the name of another person, that other person.
(2) If before a provisional folio of the Register is created under this Division, the person who is to be recorded as registered proprietor on the folio dies, the folio is to be created recording as registered proprietor the dead person and the land is to pass as if the folio had been created before the person died.
S. 26B substituted by No. 85/1998 s. 6.