Singapore legislation
Section 36
Section 36
Conditions relating to sale, lease, mortgage or transfer of or charge on a flat, house or building
(1)
No flat, house or building which has been sold by the Authority subject to the provisions of this Part shall be sold, leased, mortgaged, transferred or charged without the written consent of the Authority.
(2)
Where any assurance, mortgage, transfer, charge or lease of any such flat, house or other building (which is executed by or on behalf of the owner thereof without the written consent of the Authority) is registered under the provisions of the Registration of Deeds Act or the Land Titles Act, the Authority may by an instrument lodged with the Registrar of Deeds or the Registrar of Titles, as the case may be, declare such assurance, mortgage, transfer, charge or lease to be void and the Registrar of Deeds or the Registrar of Titles, as the case may be, shall register the instrument without being concerned to inquire into its regularity or validity, and upon registration thereof shall cancel the registration of any such assurance, mortgage, transfer, charge or lease.
(3)
Where an assurance or a lease, mortgage or transfer of or a charge on a flat, house or building sold subject to the provisions of this Part is executed without the written consent of the Authority, the person, who is entitled to the title to or the estate or interest in the flat, house or building if the written consent of the Authority had been obtained, shall not present for registration under the provisions of the Registration of Deeds Act [Cap. 269] or the Land Titles Act [Cap. 157] the assurance, lease, mortgage or transfer of or charge on the flat, house or building.
(4)
The Authority may, on the discovery of such assurance, lease, mortgage, transfer or charge, serve a written notice upon the person, referred to in subsection (3), of its intention to lodge with the Registrar of Deeds or the Registrar of Titles, as the case may be, an instrument under subsection (6).
(5)
Such person may, within 14 days after the date of the service of the notice, appeal against the lodging of such instrument for the purpose of subsection (6) to the Minister whose decision shall be final.
(6)
The Authority may, in any case where an assurance or a lease, mortgage or transfer of or a charge on a flat, house or building, sold subject to the provisions of this Part has been executed without its written consent, and no appeal under subsection (5) has been made within the time referred to in that subsection or an appeal under that subsection has been dismissed, lodge an instrument with the Registrar of Deeds or the Registrar of Titles, as the case may be, for the vesting in the Authority of the title to or the estate or interest in the flat, house or building.
(7)
The Registrar of Deeds or the Registrar of Titles, as the case may be, shall register any instrument, lodged under subsection (6), without being concerned to inquire into its regularity or validity, and upon the registration of such instrument —
in the case of a flat, house or building registered under the provisions of the Registration of Deeds Act, the Registrar of Deeds shall make an entry in the books of the Registry that the flat, house or building has been vested in the Authority in accordance with this section, and upon that entry being made, the title to and the estate or interest in the flat, house or building shall vest in the Authority free from all encumbrances, subject to such subsisting covenants, conditions or restrictions, if any, as may be binding on the Authority; or
in the case of a flat, house or 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 and upon registration thereof, the title to and the estate or interest in the flat, house or building shall vest in the Authority free from all encumbrances, subject to such subsisting covenants, conditions or restrictions, if any, as may be binding on the Authority, and the Registrar of Titles shall cancel the registration of any lease, mortgage or charge thereby overreached.
(8)
Any person who acts in contravention of subsection (1) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.[39C