Clause 7

the transferred land or the transferred lot, as the case may be, shall form part of the common property and the provisions of the Act applicable to common property as varied by this section shall apply to such transferred land or lot;

the subsidiary proprietors shall hold the common property (including the transferred land or lot) as tenants in common in accordance with their respective share units as determined pursuant to subsection (3); and

without any further assurance the subsidiary proprietors shall hold the common property in the following manner: —

where the tenure of the transferred land is similar to that of the common property held by the subsidiary proprietors prior to the date of the registration of the transfer of such land, the subsidiary proprietors shall hold the common property (including the transferred land) for the same term and tenure as tenants in common in the manner as provided in paragraph (b);

where the tenure of the transferred land is not similar to that of the common property held by the subsidiary proprietors prior to the date of the registration of the transfer of such land, the subsidiary proprietors shall hold the entire term and tenure transferred to and accepted by the management corporation on behalf of the subsidiary proprietors as tenants in common in the manner as provided in paragraph (b);

where a lot is transferred, the term and tenure of that lot which comprises the additional common property shall be held for the same term and tenure as that of the lots held by the subsidiary proprietors prior to the date of registration of the said transfer; and

if there is a subsisting registered mortgage, charge, lease or sub-lease or any other encumbrance on the lot of a subsidiary proprietor, the undivided share or shares in the transferred land or transferred lot forming the additional common property shall be held by the subsidiary proprietor of the said lot subject to the same mortgage, charge, lease or sub-lease or any other such subsisting encumbrance.”.