§ 13-303. Substitution of applicant  


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  •    (a) Successor to request substitution. --

       (1) At any stage of a proceeding under this title, if an applicant dies or assigns his rights in the application, warrant, certificate of survey, or land described in the application, the assignee, personal representative, heir, or legatee of the applicant may request that he be substituted for the applicant.

       (2) On filing a request for substitution in the proper form, the person making the request shall be substituted as the applicant for all purposes in the proceeding.

    (b) Contents of request. -- A request for substitution shall be in writing and contain:

       (1) The name and address of the person requesting substitution;

       (2) The name and address of each person, other than the person requesting substitution and those persons named in the original application, who would obtain a direct or indirect title interest in the land for which the patent is sought if the patent were issued to the person requesting substitution;

       (3) A statement of the manner by which the person requesting substitution succeeded to the rights of the original applicant;

       (4) The original or an officially certified copy of each document by which the succession of interest was effected;

       (5) A description of all changes in and required corrections of any of the statements and facts contained in the original application;

       (6) A statement that, except as described under item (5) of this subsection, the statements and facts contained in the original application are accurate and complete to the best of the knowledge, information, and belief of all persons signing the request; and

       (7) Any other information the Commissioner requires under a rule or regulation adopted under § 13-203 of this title.

    (c) Signature and verification. -- The request for substitution shall be signed and verified by the person requesting substitution and by each person required to be named under subsection (b)(2) of this section.


HISTORY: An. Code 1957, art. 21, § 13-105; 1974, ch. 12, § 2; 1976, ch. 915, § 3.