Trustee Act 1898

Where a mortgagee of property has died without having entered into the possession or into the receipt of the rents and profits thereof, and the money due in respect of the mortgage has been paid to a person entitled to receive the same, or the last-mentioned person consents to any order for the reconveyance of the property, then the Court may make an order vesting the property in such persons in such manner and for such estate as the Court may direct in any case where –

the representative of the mortgagee is out of the jurisdiction of the Court or cannot be found;

the representative of the mortgagee, on demand made by or on behalf of a person entitled to require a conveyance of the property, has stated in writing that he will not convey the same, or does not convey the same for the space of 28 days next after a proper deed or document for conveying the property has been tendered to him by or on behalf of the person so entitled;

it is uncertain as to the survivor of several devisees of the mortgagee, or as to the representative of the mortgagee, whether he is living or dead; or there is no representative of a mortgagee who has died intestate as to the land, or where the mortgagee has died and it is uncertain who is his representative.