Cap. 130 Art. 3Revocation of fideicommissa. Indivisible fideicommissa. Cap.16. Hypothecs on fettered property. Appointment of successors in fideicommissa.

As from the material date all fideicommissa of whatsoever nature on movables and immovables, created at any time, whether they be perpetual or temporary, shall be revoked and the property theretofore affected thereby shall be held free from fetters by the holder of such movables and immovables, subject, however, to such burdens, hypothecs duly authorized and liabilities as affected the fettered property:

Provided that -

(a) in the case of the indivisible fideicommissa on immovables, the immovables so disentailed shall vest in ownership free from fetters in the holder thereof as to one moiety only, subject to one moiety of the burdens, hypothecs duly authorized and liabilities which affected those immovables on the material date, while the remaining moiety of the immovables so disentailed and subject to the remaining moiety of the aforesaid burdens, hypothecs and liabilities, shall vest free from fetters in the successor (whether or not on the material date the successor be alive) in respect of the ownership subject to the enjoyment thereof for life of the holder. Sub-title 1 of Title III of Part I of Book Second of the Civil Code shall apply to the enjoyments

*See also the Disentailment of Property (Extension to fiefs) Act (Chapter 212). †See Government Notice No.234 of 9th May, 1950. said life enjoyment while owned by the holder but shall apply in respect of an assignee of that life enjoyment under article 340 of the said Civil Code;

(b) where property subject to any fideicommissum was, while so subject, burdened by a hypothec on authority granted by a competent court, any such hypothec shall rank in relation to property freed from fetters in virtue of this Act with priority over all other hypothecs;

(c) in the case of indivisible fideicommissa on immovables under which the holder is endowed with the right appointing a successor, the holder thereof shall be entitled to exercise that right of appointment in respect of the successor in that moiety of the property of which, in virtue of this Act, the bare ownership vests in the successor.