On 19/06/2013,
you requested for the version in force on 19/06/2013
incorporating all amendments published on or before 19/06/2013.
The closest version currently available is that of 18/04/2013.
Order of court for transfer or sale of HDB flat in relation to which charge has been constituted under section 21B (1)
27F.
—(1) Where —
(a)
a member of the Fund has withdrawn any money standing to his credit in the Fund for all or any of the purposes referred to in section 21B(1);
(b)
the HDB flat in relation to which the money was withdrawn is owned by the member, whether solely or jointly with one or more other persons;
(c)
an order of court is made requiring the transfer (other than by way of sale) of the member’s interest in the HDB flat to his spouse; and
(d)
the spouse is a citizen or permanent resident of Singapore,
then, subject to any regulations made under section 77(1), the following provisions shall apply:
(i)
the member or, if the order of court requires any person to do so, that person shall pay to the Fund to the credit of the member —
(A)
any amount which the Board is entitled to recover on behalf of the Government under section 14(3);
(B)
any amount which the Board is entitled to receive or recover on behalf of the Government under section 14A(5) or (6); and
(C)
such other amount, if any, as the order of court may require to be paid to the Fund to the credit of the member;
(ii)
if the HDB flat is subsequently sold or otherwise disposed of, the spouse shall pay to the Fund such amount as may be determined by the Board in accordance with any regulations made under section 77(1), and the Board shall credit that amount to one or more designated accounts maintained, or to be maintained, for the spouse;
(iii)
notwithstanding section 21B(11), upon the transfer of the member’s interest in the HDB flat to his spouse and upon payment in accordance with paragraph (i), if applicable, any charge constituted on the HDB flat under section 21B(1) shall cease to secure the repayment of the money withdrawn from the Fund by the member, including the whole or such part, as the Board may determine, of the interest that would have been payable thereon if the withdrawal had not been made, and, if that is the only money secured by that charge, shall cease to be in force;
(iv)
there shall be a charge constituted on the HDB flat to secure the payment referred to in paragraph (ii);
(v)
sections 21(12) and 21B(2), (3)(a), (b) and (d), (5) to (11) and (14) shall apply, with the necessary modifications, to the charge under paragraph (iv), and for the purposes of such application —
(A)
any reference to the charge under section 21B(1) shall be read as a reference to the charge under paragraph (iv);
(B)
any reference to the member shall be read as a reference to the spouse; and
(C)
any reference to an encumbrance specified in section 21B(3)(c) shall be read as a reference to an encumbrance referred to in paragraph (vii);
(vi)
the charge under paragraph (iv) shall be in addition to the charge referred to in paragraph (iii), if the charge referred to in paragraph (iii) continues to be in force; and
(vii)
notwithstanding anything in the Land Titles Act (Cap. 157) or the Registration of Deeds Act (Cap. 269), in the absence of any agreement as to priority, the charge under paragraph (iv) —
(A)
shall not be subject to any encumbrance registered or notified on or after the date of the constitution of the charge referred to in paragraph (iii); and
(B)
shall rank equally with the charge referred to in paragraph (iii), had it continued or if it continues to be in force, in the order of priority of interests in the HDB flat.
(2) Except in a case to which subsection (1) applies, where —
(a)
a member of the Fund has withdrawn any money standing to his credit in the Fund for all or any of the purposes referred to in section 21B(1);
(b)
the HDB flat in relation to which the money was withdrawn is owned by the member, whether solely or jointly with one or more other persons; and
(c)
an order of court is made requiring the transfer or sale of the member’s interest in the HDB flat to any person,
the following shall apply:
(i)
any charge constituted on the HDB flat under section 21B(1) shall continue in force until all moneys secured by the charge —
(A)
have been repaid to the Fund; or
(B)
are no longer required by any regulations made under section 77(1) to be repaid to the Fund; and
(ii)
notwithstanding paragraph (i), where the Board is satisfied of the occurrence of any event prescribed in any regulations made under section 77(1) for the purposes of this paragraph, the charge shall, on the application of the member, the person referred to in paragraph (c) or any other person having an interest in the HDB flat, cease to be in force if the Board approves the application.