Singapore legislation

Section 5

of Registration of Deeds Act

Section 5

Mode of registration

(1)

Provisional registration of any instrument under this Act shall be effected in the manner provided by this section and by sections 6 and 7.

(2)

Any person desiring to register an instrument under this Act shall present to the Registrar of Deeds —

(a)

in the case of instruments other than private Acts, probates, letters of administration, orders of court, certificates of appointment of trustee in bankruptcy and caveats, a copy of the instrument together with the original or one of the originals thereof;

(b)

in the case of orders of court or certificates of appointment of trustee in bankruptcy, an office copy thereof;

(c)

in the case of a private Act, a copy thereof printed by the Government Printer;

(d)

in the case of probates or letters of administration, a memorial thereof, prepared in accordance with this Act and any rules made thereunder, together with the probate or letters of administration;

(e)

in the case of a memorandum of lien or charge, the original thereof, together with a copy of it; and

(f)

in the case of caveats, the original thereof.

(3)

Immediately on receipt of any instrument or memorial of an instrument or memorandum presented for registration, an entry shall be made in a book, to be known as the book of reference, setting forth —

(a)

the date of the instrument;

(b)

in the case of —

(i)

a deed — the names of the parties;

(ii)

a probate or letters of administration — the name of the testator or intestate, as the case may be, and the name of the person to whom probate or letters of administration are granted;

(iii)

an order of court or certificate of appointment of trustee in bankruptcy — the title of the cause or matter wherein the same purports to be made, and the names of the parties thereto, if any;

(iv)

a private Act — the title of the Act;

(v)

a memorandum of charge — the name of the landowner whose lands are charged, and the name of the person holding the charge;

(vi)

a caveat — the names of the persons by whom and in whose favour it is given;

(c)

the names of all the districts in which the lands affected by the instrument are situated;

(d)

the reference numbers of the State grants or leases, if any, in which the lands affected by the instrument are respectively comprised;

(e)

the volume, page and number of the register where the instrument or memorial is or is intended to be registered; and

(f)

the date, hour and minute when the instrument or memorial was received at the office for the purpose of registration.

(4)

Upon such an entry being duly made, the instrument shall be deemed to have been provisionally registered under this Act, and the date, hour and minute so entered shall be deemed for all purposes to be the date of provisional registration.

(5)

If such an entry is duly made in respect of part only of the lands affected by any such instrument, the instrument shall, as to the lands with respect to which the entry has been duly made but not as to the residue of the lands affected thereby, be deemed to have been provisionally registered under this Act.

(6)

If that instrument is afterwards provisionally registered as to the omitted property, a note of that provisional registration and of the date thereof shall be made in the book of reference, and that provisional registration shall thenceforth be valid and effectual as to the omitted lands.

(7)

As soon as conveniently may be after the presentation of any instrument or memorial for enrolment in the register, the instrument or memorial shall be duly enrolled in the register, and the volume, page and number of the register where it is so enrolled shall correspond with the entry made or to be made in the book of reference relating to that instrument, and an entry of the date of provisional registration shall be made in the margin of the register opposite any instrument or memorial so enrolled.

(8)

Upon the presentation for registration of an instrument affecting any land that has not been surveyed and demarcated to the satisfaction of the Chief Surveyor, the person on whose behalf the deed is so presented shall be deemed to have made an application that the land be surveyed and demarcated by the Chief Surveyor:Provided that where the Chief Surveyor has approved a plan for the purpose of section 14(1)(c), the land comprised therein shall not, by reason only of that approval, be deemed to have been surveyed and demarcated to the satisfaction of the Chief Surveyor.