Singapore legislation
Section 38
Section 38
Transfer of a flat, house or other building on death of owner
(1)
The transmission made on the death of the owner, whether testate or intestate, or any transfer by the legal personal representatives of a deceased owner of a flat, house or building that has been sold subject to the provisions of this Part without the written consent of the Authority shall not be presented for registration under the provisions of the Registration of Deeds Act [Cap. 269] or the Land Titles Act [Cap. 157].
(2)
Where the Authority refuses to give its written consent, the Authority shall lodge an instrument with the Registrar of Deeds or the Registrar of Titles, as the case may be, to have the flat, house or building vested in the Authority.
(3)
Where no representation has been taken out under a will or on the intestacy of a deceased owner of a flat, house or building within 12 months from the death of the owner, or where representation has been taken out but the legal personal representatives do not apply for the Authority’s written consent for the transmission or transfer of the flat, house or building within 6 months from the date of the representation, the Authority 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 building vested in the Authority.
(4)
Where on the death of the owner of a flat, house or building that has been sold subject to the provisions of this Part the lease in favour of the owner has not been registered under the provisions of the Registration of Deeds Act or the Land Titles Act, or where no representation has been taken out under a will or on the intestacy of a deceased owner of such flat, house or building within 12 months from the death of the owner, the Authority may rescind the agreement for the lease of such flat, house or building.
(5)
Where the Authority decides to lodge an instrument under subsection (2) or (3) to have the flat, house or building vested in itself or to rescind an agreement for the lease pursuant to subsection (4), the Authority shall —
serve a written notice on the legal 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 building; and
in the case where no representation is taken out, affix a notice at the flat, house or building and also serve a notice on all persons known or believed to have an interest or estate in the flat, house or 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 (2) or (3) or of its decision to rescind the agreement for the lease and of the compensation to be paid therefor and the date on which the instrument will be lodged as aforesaid not being a date earlier than 28 days after the date of the service of the notice.
(6)
The legal 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.
(7)
Where an appeal is made to the Minister pursuant to subsection (6) the Authority shall not proceed to lodge an instrument of vesting under subsection (2) or (3) until the appeal is disposed of.
(8)
The Registrar of Deeds or the Registrar of Titles, as the case may be, shall register any instrument lodged under subsection (2) or (3) without being concerned to inquire into its regularity or validity and —
in the case of a flat, house or 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 building has been vested in the Authority and upon that entry being made; and
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 Deeds or the Registrar of Titles, as the case may be, shall cancel the registration of any mortgage, charge or lease thereby overreached.
(9)
Where an appeal has been determined by the Minister or on the expiry of a period of 28 days after the date of the service of the notice referred to in subsection (5) and the legal personal representatives do not consent to receive the compensation, or where representation has not been taken out under a will or intestacy of the deceased owner, or where there are conflicting claims to the compensation to be paid by the Authority, the Authority 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 the Supreme Court for the time being in force, the Court may make such an order.
(10)
The compensation to be paid by the Authority for any flat, house or building vested in the Authority under this section shall be determined by the Authority.[39E