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In forceAmended2020 Revised Edition

Part 6 · Instruments

57. Attestation and proof of execution

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Amended

Last amended by an amending law of 2021. 2 amendments in all.

(1)

Subject to subsection (3), the Registrar must accept as proof of due execution of an instrument intended for registration under this Act if the instrument is presented in the following manner:

(a)

where a person, other than a party to the instrument, attests the instrument; or

(b)

where the execution by a party is not apparently attested, the solicitor has signed the certificate of correctness mentioned in section 59, and —

(i)

where such instrument is executed in Singapore — the Registrar must presume that it has been duly executed in the presence of the solicitor who has signed the certificate of correctness; or

(ii)

where such instrument is executed outside Singapore — the Registrar must presume that the solicitor who signed the certificate of correctness is satisfied that the execution of that instrument has been attested.

(2)

The Registrar may, in any case in which he or she has reason to suspect impropriety or where the instrument is executed by a marksman or by a person who appears to be illiterate, require any of the parties to the instrument or that party’s respective witness to appear before the Registrar or before any person nominated by the Registrar for the purpose of proving the due execution of the instrument.

(3)

The Registrar may dispense with proof of due execution of an instrument intended for registration under this Act for any of the following purposes:

(a)

for the entry, extension or withdrawal of a caveat;

(b)

for the registration of —

(i)

an enforcement order or an order of court; or

(ii)

the withdrawal of an enforcement order or an order of court;

(c)

for the cancellation of an enforcement order or order of court;

(d)

for such other purpose as may be prescribed.

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Part 7

Transfers

Part 8

Mortgages and Charges

Part 9

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Part 10

Easements

Part 11

Transmissions

Part 12

Caveats

Part 13

Enforcement Orders and Orders of Court

Part 14

Restrictive Covenants

Part 15

Statutory Acquisition and Sale

Part 16

Powers of Attorney

Part 17

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Part 18

Searches and Certified Copies

Part 19

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