Singapore legislation
Clause 53
Clause 53
Manner of holding by co-owners
(1)
In every instrument affecting registered land, co-tenants claiming under the instrument shall, unless they are described as tenants in common, hold the land as joint tenants; and if they are described as tenants in common, the shares in the registered land to be held by them shall, subject to subsection (2), be specified in the instrument.
(2)
Persons described as tenants in common shall, in the absence of any expression to the contrary, be presumed to be entitled in equal shares.
(3)
Tenants in common who intend to hold their estate or interest in land as joint tenants may jointly declare by an instrument of declaration in the approved form that they hold the estate or interest in their respective shares in the registered land as joint tenants of the entire estate or interest thereof.
(4)
Upon the registration of the instrument of declaration referred to in subsection (3) —
the estate or interest of the respective shares which were held by the declarants as tenants in common immediately before the registration of the declaration by the Registrar shall vest in them as joint tenants; or
where the declarants are not all the tenants in common of the entire estate or interest in the registered land, those tenants in common who have not made the declaration to be joint tenants shall continue to hold the estate or interest in their respective shares in the registered land as tenants in common between themselves in accordance with subsections (1) and (2), as between themselves and the declarants who became joint tenants upon the registration of the declaration, they shall remain as tenants in common in accordance with the shares determined under subsections (1) and (2) and the declarants having become joint tenants upon registration of the declaration shall together be a tenant in common in relation to the remaining tenants in common in respect of their joint estate and interest in the shares together held by them as joint tenants.
(5)
Any joint tenant may sever a joint tenancy of an estate or interest in registered land by —
an instrument of transfer to another party; or
an instrument of declaration in the approved form and by serving a copy of the instrument of declaration personally or by registered mail on the other joint tenants.
(6)
Upon the registration of the transfer made pursuant to subsection (5), the respective registered estates and interests in the registered land shall be held by the transferees and the remaining joint tenants as tenants in common in their respective shares.
(7)
Upon the registration of the instrument of declaration which has been duly served as required by subsection (5)(b), the declarant and the remaining joint tenants shall between themselves be tenants in common.
(8)
Where a joint tenant holds an estate or interest in registered land on trust, the severance of the joint tenancy shall not affect the rights of the beneficiary of the trust or the operation of the law relating to breaches of trust.