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Contents

Long Title

Part I PRELIMINARY

Part II ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF BOARD

Part III FUNCTIONS, DUTIES, PROPERTIES AND OFFICERS OF BOARD

Part IV SALE OF FLATS, HOUSES OR OTHER BUILDINGS

Part IVA UPGRADING WORKS IN PRECINCTS

Part V FINANCIAL PROVISIONS

Part VI MISCELLANEOUS

FIRST SCHEDULE Housing and Urban Development Company

SECOND SCHEDULE Jurong Town Corporation

Legislative History

Comparative Table

 
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On 26/12/2014, you requested the version as published on or before 26/12/2014.
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Transfer of flat, house or other building on death of owner
52.
—(1)  The transmission on the death of the owner, whether testate or intestate, or any transfer by the personal representatives of a deceased owner of a flat, house or other building that has been sold subject to the provisions of this Part shall not be registered under the provisions of the Registration of Deeds Act or the Land Titles Act without the written consent of the Board.
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(1A)  Where the Board refuses to give its consent, the Board may lodge an instrument with the Registrar of Deeds or the Registrar of Titles, as the case may be, to have the flat, house or other building vested in the Board.
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(2)  Where —
(a)
no representation has been taken out under a will or on the intestacy of a deceased owner of a flat, house or other building within 12 months from the death of the owner; or
(b)
representation has been taken out but the personal representatives do not apply for the written consent of the Board for the transmission or transfer of the flat, house or other building within 6 months from the date of representation,
the Board may lodge an instrument with the Registrar of Deeds or the Registrar of Titles, as the case may be, to have the flat, house or other building vested in the Board.
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(3)  Where, on the death of the owner of a flat, house or other building that has been sold subject to the provisions of this Part —
(a)
the lease in favour of the owner has not been registered under the provisions of the Registration of Deeds Act (Cap. 269) or the Land Titles Act (Cap. 157); or
(b)
no representation has been taken out under a will or on the intestacy of a deceased owner of such flat, house or other building within 12 months from the death of the owner,
the Board may rescind the agreement for the lease of such flat, house or other building.
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(4)  Where the Board decides to lodge an instrument under subsection (1A) or (2) to have the flat, house or other building vested in itself or to rescind an agreement for a lease under subsection (3), the Board shall —
(a)
serve a written notice on the personal representatives of the deceased owner of, and on all persons known or believed to have an interest or estate in, the flat, house or other building; and
(b)
in the case where no representation is taken out, serve a notice on the flat, house or other building and on all persons known or believed to have an interest or estate in the flat, house or other building,
of its intention to lodge with the Registrar of Deeds or the Registrar of Titles, as the case may be, an instrument of vesting under subsection (1A) or (2) or of its decision to rescind the agreement for a lease and of the compensation to be paid therefor and the date on which the instrument will be lodged, or the date the rescission is to take effect, not being a date earlier than 28 days after the date of the service of the notice.
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(5)  The personal representatives and any person who is interested in the estate of the deceased owner may, within 28 days after the date of the service of the notice, appeal to the Minister whose decision shall be final and shall not be called in question in any court.
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(6)  Where an appeal is made to the Minister pursuant to subsection (5), the Board shall not proceed to lodge an instrument of vesting under subsection (1A) or (2) until the appeal is disposed of.
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(7)  The Registrar of Deeds or the Registrar of Titles, as the case may be, shall register any instrument lodged under subsection (1A) or (2) without being concerned to inquire into its regularity or validity and —
(a)
in the case of a flat, house or other building registered under the provisions of the Registration of Deeds Act (Cap. 269), the Registrar of Deeds shall make an entry in the books of the Registry that the flat, house or other building has been vested in the Board; and
(b)
in the case of a flat, house or other building registered under the provisions of the Land Titles Act (Cap. 157), the Registrar of Titles shall register the instrument on the relevant folio of the land-register without the necessity of the production of the duplicate certificate of title.
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(7A)  Upon the making of the entry or upon registration under subsection (7)(a) or (b), the title to and the estate or interest in the flat, house or other building shall vest in the Board free from all encumbrances, subject to such subsisting covenants, conditions or restrictions, if any, as may be binding on the Board, and the Registrar of Deeds or the Registrar of Titles, as the case may be, shall cancel the registration of any mortgage, charge or lease thereby overreached.
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(8)  Where an appeal has been determined by the Minister or on the expiry of a period of 28 days after the service of the notice referred to in subsection (4) and —
(a)
the personal representatives do not consent to receive the compensation;
(b)
where representation has not been taken out under a will or intestacy of the deceased owner; or
(c)
where there are conflicting claims to the compensation to be paid by the Board,
the Board shall apply to the High Court ex parte by originating summons, supported by an affidavit, for an order to deposit the amount of the compensation in Court and, notwithstanding anything to the contrary in the Rules of Court for the time being in force, the High Court may make such an order.
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(9)  The compensation to be paid by the Board for any flat, house or other building vested in the Board under this section shall be determined by the Board.
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