Schedule and in fact occupy a residential holding, the person legally entitled
to the custody of the child or of the majority of the children shall either
himself or herself occupy or appoint some other suitable adult person or
persons to occupy the residential holding for so long as any such child or any
of such children continue to do so and the person so occupying shall be
subject to the duties and liabilities of an occupier hereunder; except that in
default of occupation by the person entitled to custody or his or her
appointee, a magistrate may, on application of the personal representative or
any person interested or on his or her own motion, appoint a person or
persons to occupy as aforesaid.
4.
Certificate of occupancy.
Upon being satisfied by affidavit or otherwise that the person, if any,
properly entitled to occupation hereunder has taken occupation of the
residential holding with a bona fide intention to continue the occupation or
that there is no person entitled to occupation, the court shall issue a
certificate in Form B of the Third Schedule to this Act to the personal
representative and a duplicate of the certificate to the occupant, if any.
5.
Assent.
The personal representative may assent in writing to the vesting of the
residential holding or part of it in such person or persons as may be entitled
to it under this Act subject if appropriate to occupancy of the residential
holding in accordance with these Rules, but any writing purporting to effect
the assent shall be void unless the certificate issued under paragraph 4 of this
Schedule is recited in the writing and the certificate or a certified copy of it
is annexed to the writing; except that a purchaser for value from the personal
representative without notice shall not be concerned to see whether the
certificate has been issued or not.
6.
Registration.
(1) Occupancy of a residential holding hereunder shall be deemed to
be an interest in land capable of protection by a caveat under the Registration
of Titles Act, and the interest of any other person in the residential holding
shall be subject to that interest and shall be incapable of alteration subject to
that interest; but the occupancy shall not be a tenancy.
(2)
The occupancy referred to in subparagraph (1) shall not prevail
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