4. 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 such occupation
or that there is no person entitled to such occupation, the court shall issue
a certificate in Form B of Schedule 3 to this Act to the personal
representative and a duplicate thereof to the occupant (if any)
5. The personal representative may assent in writing to the vesting of the
residential holding or part thereof in such person or persons as may be
entitled thereto under the provisions of this Act subject if appropriate to
occupancy thereof in accordance with these Rules but any such writing
purporting to effect such assent shall be void unless the certificate issued
under paragraph 4 of this Schedule is recited therein and the certificate or
a certified copy thereof annexed thereto:
Provided that a purchaser for value from the personal representative
without notice shall not be concerned to see whether such certificate has
been issued or not.
6. 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 said residential
holding shall be subject thereto and shall be incapable of alteration subject
thereto but such occupancy shall not be a tenancy:
Provided that such occupancy shall not prevail against a mortgage under a
mortgage created before the death of the intestate.
7. The occupant of a residential holding shall be bound by all covenants,
conditions and encumbrances to which the said residential holding or any
part thereof was subject at the death of the intestate and in addition shall
perform and observe the following stipulations and conditions,
(a) The occupant shall pay and discharge all existing and future
rates, taxes, charges, duties, assessments and outgoings
whatsoever rated, charged, imposed or assessed upon the
residential holding or upon the owner or occupier thereof and
shall pay the rent and other payments reserved by the lease (if
any) under which the same is held;
(b) The occupant shall keep all buildings at any time situated on the
residential holding and all sewers and drains and the hedges,
fences and walls thereof in good and tenantable repair and
condition and decoration, fair wear and tear only excepted:
(c) The occupant shall not assign, let, charge or part with or shared
possession of the residential holding or any part thereof;
(d) The occupant shall permit the person entitled to the legal estate
in the residential holding subject to the occupancy or his duly
authorized agent with or without workmen and others at
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