Singapore legislation

Clause 9

of Land Titles (Amendment) Bill

Clause 9

Amendment of section 44

Section 44 of the Ordinance is hereby amended —

(a)

by inserting immediately after the word “certificate” appearing in the fourth line of subsection (1) thereof the words “by the person acquiring title and a certificate by the person divesting title under this Ordinance”;

(b)

by inserting immediately after the word “certificate” appearing in the first line of subsection (2) thereof the words “by the person acquiring title”;

(c)

by deleting the word “any” appearing in the first line of paragraph (c) of subsection (2) thereof and substituting therefor the word “such”;

(d)

by inserting immediately after subsection (2) thereof the following new subsection: —“(3) The certificate by the person divesting title shall imply representations that to the best of the signatory’s knowledge and belief, and in so far as he has any reasonable means of ascertaining —

(a)

the instrument is made in good faith;

(b)

the matters set forth therein are substantially correct; and

(c)

such person divesting title thereunder is the party entitled to divest the interest under the instrument and is of full age and legal capacity.”;

(e)

by renumbering the existing subsections (3) and (4) thereof as subsections (4) and (5) respectively;

(f)

by inserting immediately after the word “certificate” appearing in the first line of subsection (4) thereof the words “by the person acquiring title”;

(g)

by inserting immediately after the word “instrument” appearing in the second line of subsection (4) thereof the words “and the certificate by the person divesting title shall be signed by the solicitor employed by the party divesting title under the instrument”; and

(h)

by inserting immediately after subsection (5) thereof the following new subsection: —“(6) The provisions of this section relating to the certificate to be given by the person divesting title shall only apply to an instrument that is lodged with the Registrar after the date of the coming into operation of the Land Titles (Amendment) Act, 1970.”.