Singapore legislation

Clause 21

Repeal and re‑enactment of section 43 and new section 43A

Section 43 of the principal Act is repealed and the following sections substituted therefor:“Replacement of certificates of title, etc.43.—

(1)

The Registrar may issue a new certificate of title or a new subsidiary certificate of title to replace —

(a)

any certificate of title; or

(b)

any subsidiary certificate of title or duplicate lease,which has been lost, mislaid, destroyed or is being improperly or wrongfully withheld.(2) Every new certificate of title or new subsidiary certificate of title issued under subsection (1) shall —

(a)

bear a new serial number allocated by the Registrar and only subsisting instruments and entries shall be shown on the folio;

(b)

be as valid as the certificate of title, subsidiary certificate of title or duplicate lease, as the case may be, it replaces; and

(c)

be usable for any purpose for which that certificate of title, subsidiary certificate of title or duplicate lease it replaces might have been used.(3) An application for a new certificate of title or a subsidiary certificate of title may be made by the proprietor of the land comprised therein, or by any person claiming through him, to the Registrar in the approved form, and shall be supported by such evidence as the Registrar may require.(4) The Registrar may require an applicant to give notice of his application by publishing, within 14 days after the date of his application, at the applicant’s cost, a copy of the application in one or more local daily newspapers circulating in Singapore.(5) The Registrar may issue a new certificate of title or a new subsidiary certificate of title only upon being satisfied that the application is in order and there are no valid objections to the application.(6) Upon the issuance of the new certificate of title or the new subsidiary certificate of title under subsection (1), the Registrar shall cancel the previous folio and enter in that folio a notification of the issue of the new certificate of title or subsidiary certificate of title, as the case may be, and that notification shall cancel the certificate of title or subsidiary certificate of title which the new certificate of title or subsidiary certificate of title replaces for all purposes notwithstanding that the replaced certificate of title or subsidiary certificate of title, as the case may be, may subsequently be recovered.(7) Where a new folio has been created for a duplicate lease which has been lost, mislaid, destroyed, or is being improperly or wrongfully withheld, the Registrar shall enter a notification in the original lease of the issue of the new folio, and that notification shall cancel the duplicate lease notwithstanding that the duplicate lease may subsequently be recovered.Surrender of earlier certificate of title, etc., upon replacement43A.—

(1)

Where a certificate of title, subsidiary certificate of title or duplicate lease is declared to be lost, mislaid, destroyed or is being improperly or wrongfully withheld, and in place thereof a new certificate of title or a new subsidiary certificate of title is issued by the Registrar under section 43(1), any person having possession or custody of the certificate of title, subsidiary certificate of title or duplicate lease so replaced shall surrender it to the Registrar for custody.(2) Any person who fails to surrender to the Registrar any certificate of title, subsidiary certificate of title or duplicate lease referred to in subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.”.

Read in full context — Land Titles (Amendment) Bill →