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As enacted
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Part IV · Acquisition of Immovable and Mov,\ Ble Property and Sale of Lands Belonging to the Authority

Section 36

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Where borrower is dead

(l)

Save as otherwise provided in subsection (2), the provisions of sections 34 and 35 shall apply in the case of any default, notwithstanding the fact that the borrower may have died or that any right, title or interest in the property mortgaged by the borrower as security for the loan may have passed by voluntary conveyance or by operation of law, to any other person.

(2)

Where the borrower is dead and probate of his will or letters of administration to his estate have not been issued -

(a)

the District Court of the district in which the property mortgaged by the borrower as security for the loan is situated may, upon application made in that behalf by the Authority and after service of i

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Urban Settlemellf Development Authority notice of the application on such persons, if any, as the Court may Order, and if satisfied that the grant of probate or issue of letters of administration is likely to be delayed, appoint a person to represent the estate of the borrower for the purpose of this subsection ; and

(b)

the provisions of sections 34 and 35 shall not apply in the case of any default made by the borrower unless and until a representative of his estate is appointed under this subsection.

Part VI

Recovery of Possession of Flats, Living Actommodation or Any Other Building Belonging to the Alltiiority by the Director General