Section 61 Property and Conveyancing Law of the Western Region of Nigeria 1959

Section 61 of the Property and Conveyancing Law of the Western Region of Nigeria 1959 is about Effect of future dispositions to tenants in common. It provides as follows:

(1) An undivided share in land shall not be capable of being created except as
hereinafter mentioned.

(2) Where, after the commencement of this Law, land is expressed to be conveyed
to any persons in undivided shares and those persons are of full age, the conveyance shall (notwithstanding anything to the contrary in this Law) operate as if the land had been expressed to be conveyed to the grantees, or, if there are more than four grantees, to the four first named in the conveyance, as joint tenants upon the statutory trusts hereinafter mentioned and so as to give effect to the rights of the persons who would have been entitled to the shares had the conveyance operated to create those shares:

Provided that, where the conveyance is made by way of mortgage the land shall vest in the grantees or such four of them as aforesaid for a term of years absolute (as provided by this Law) as joint tenants subject to cesser on redemption in like manner as if the mortgage money had belonged to them on a joint account, but without prejudice to the beneficial interests in the mortgage money and interest.

(3) A devise, bequest or testamentary appointment, coming into operation after the
commencement of this Law, of land to two or more persons in undivided stares shall operate as a devise bequest or appointment of the land to the personal representatives of the testator, and (but without prejudice to the rights and powers of the personal representatives for purposes of administration) upon the statutory trusts hereinafter mentioned.

(4) Any disposition purporting to make a settlement of an undivided share in land
shall only operate as a settlement of a corresponding share of the net proceeds of sale and of the rents and profits until sale of the entirety of the land.