Singapore Government
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Contents

Long Title

Part I PRELIMINARY

Part II SALES AND OTHER TRANSACTIONS

Contracts for sale

General words

Covenants for title

Execution of purchase deed

Part III LEASES

Forfeiture

Part IV MORTGAGES

Leases

Sale, insurance, receiver

Action respecting mortgage

Part V STATUTORY MORTGAGE

Part VI DEVOLUTION OF LAND ON DEATH

Part VII MARRIED WOMEN, ALIENS, CORPORATIONS

Part VIII INFANTS

Part IX RENTCHARGES

Part X POWERS OF ATTORNEY

Part XI CONSTRUCTION AND EFFECT OF DEEDS AND OTHER INSTRUMENTS

Part XII POWERS

Part XIIA ACCUMULATIONS

Part XIII NOTICE

Part XIV ADOPTION OF ACT

Part XV MISCELLANEOUS

Part XVI PROCEDURE

THE SCHEDULE Forms Relating to Statutory Mortgages

Legislative History

 
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Print   Link to In-Force Version
On 16/04/2014, you requested the version in force on 16/04/2014 incorporating all amendments published on or before 16/04/2014. The closest version currently available is that of 15/03/1994.
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Execution of purchase deed
Right of purchaser as to execution
8.
—(1)  On a sale, the purchaser shall be entitled either to require that the conveyance to him be executed in his own presence, or in that of his solicitor, or to have at his own cost the execution of the conveyance attested by some person appointed by him.
(2)  On a sale under a contract providing for the execution of the conveyance by an attorney under a power of attorney, the purchaser shall be entitled to require the power of attorney to be deposited by and at the expense of the vendor in the manner provided by section 48.
(3)  On the execution of a reconveyance or transfer or discharge of a mortgage by an attorney under a power of attorney, the mortgagor shall also be entitled to require the power of attorney to be deposited by and at the expense of the mortgagor in the manner provided by section 48.
Effect of acknowledgment of right to production
9.
—(1)  Where a person retains possession of documents, and gives to another person an acknowledgment in writing of the right of that other person to production of those documents, and to delivery of copies thereof (referred to in this section as an acknowledgment), that acknowledgment shall have effect as in this section provided.
What documents to be bound by acknowledgment, and for what period
(2)  An acknowledgment shall bind the documents to which it relates in the possession or under the control of the person who retains them, and in the possession or under the control of every other person having possession or control thereof from time to time, but shall bind each individual possessor or person as long only as he has possession or control thereof; and every person so having possession or control from time to time shall be bound specifically to perform the obligations imposed under this section by an acknowledgment, unless prevented from so doing by fire or other inevitable accident.
Performance of obligations
(3)  The obligations imposed under this section by an acknowledgment are to be performed from time to time at the request in writing of the person to whom an acknowledgment is given, or of any person, not being a lessee at a rent, having or claiming any estate, interest or right through or under that person, or otherwise becoming through or under that person interested in or affected by the terms of any document to which the acknowledgment relates.
Obligations imposed
(4)  The obligations imposed under this section by an acknowledgment are —
(a)
an obligation to produce the documents or any of them at all reasonable times for the purpose of inspection, and of comparison with abstracts or copies thereof, by the person entitled to request production or by anyone by him authorised in writing;
(b)
an obligation to produce the documents or any of them at any trial, hearing or examination in any court, or in the execution of any commission, or elsewhere in Singapore, on any occasion on which production may properly be required, for proving or supporting the title or claim of the person entitled to request production, or for any other purpose relative to that title or claim; and
(c)
an obligation to deliver to the person entitled to request them true copies or extracts, attested or unattested, of or from the documents or any of them.
Costs of specific performance
(5)  All costs and expenses of or incidental to the specific performance of any obligation imposed under this section by an acknowledgment shall be paid by the person requesting performance.
No right to damages for loss, etc.
(6)  An acknowledgment shall not confer any right to damages for loss or destruction of, or injury to, the documents to which it relates, from whatever cause arising.
Application to court and order thereon
(7)  Any person claiming to be entitled to the benefit of an acknowledgment may apply to the court for an order directing the production of the documents to which it relates, or any of them, or the delivery of copies of or extracts from those documents or any of them to him, or some other person on his behalf; and the court may, if it thinks fit, order production, or production and delivery, accordingly, and may give directions respecting the time, place, terms and mode of production or delivery, and may make such order as it thinks fit respecting the costs of the application, or any other matter connected with the application.
Effect of acknowledgment
(8)  An acknowledgment shall by virtue of this Act satisfy any liability to give a covenant for production and delivery of copies of or extracts from documents.
Obligations imposed by undertaking for safe custody
(9)  Where a person retains possession of documents and gives to another person an undertaking in writing for safe custody thereof, that undertaking shall impose on the person giving it, and on every person having possession or control of the documents from time to time, but on each individual possessor or person as long only as he has possession or control thereof, an obligation to keep the documents safe, whole, uncancelled and undefaced, unless prevented from doing so by fire or other inevitable accident.
Application to court to assess damages; inquiry and order thereon
(10)  Any person claiming to be entitled to the benefit of such an undertaking may apply to the court to assess damages for any loss, destruction of, or injury to the documents or any of them, and the court may, if it thinks fit, direct an inquiry respecting the amount of damages, and order payment thereof by the person liable, and may make such order as it thinks fit respecting the costs of the application, or any other matter connected with the application.
Effect of acknowledgment
(11)  An undertaking for safe custody of documents shall by virtue of this Act satisfy any liability to give a covenant for safe custody of documents.
Rights conferred by acknowledgment or undertaking to be in addition to other rights relative thereto
(12)  The rights conferred by an acknowledgment or undertaking under this section shall be in addition to all such other rights relative to the production, or inspection, or the obtaining of copies of documents as are not, by virtue of this Act, satisfied by the giving of the acknowledgment or undertaking, and shall have effect subject to the terms of the acknowledgment or undertaking, and to any provisions therein contained.
Application of section
(13)  This section shall apply only if and as far as a contrary intention is not expressed in the acknowledgment or undertaking.
(14)  This section shall apply only to an acknowledgment or undertaking given or a liability respecting documents incurred after 1st July 1903.