Singapore legislation

Section 41

of Port of Singapore Authority Act

Section 41

Vesting of acquired property in Authority

Amended by34/75

(1)

When the Authority has made a decision pursuant to section 40 to compulsorily acquire a flat, house or building, the Authority may —

(a)

lodge an instrument with the Registrar of Deeds or the Registrar of Titles, as the case may be, for the vesting in the Authority of the title to or the estate or interest in that flat, house or building —

(i)

in the case where no objection has been made pursuant to section 40, on the expiry of a period of 28 days after the date of the service of the notice referred to in section 40(4); and

(ii)

in the case where an appeal has been made to the Minister, at any time after the appeal has been determined by the Minister or when the appeal is withdrawn, as the case may be; and

(b)

in the case where no lease has been registered in favour of the owner, serve a written notice to terminate the agreement for a lease and to repossess the flat, house or building or part thereof in the name of the whole and thereupon any interest of the purchaser shall absolutely determine.

Amended by34/75

(2)

The Registrar of Deeds or the Registrar of Titles, as the case may be, shall register any instrument lodged under subsection (1) without being concerned to inquire into its regularity or validity and —

(a)

in the case of a flat, house or building registered under the provisions of the Registration of Deeds Act [Cap. 269], the Registrar of Deeds shall make an entry in the books of the Registry that the flat, house or building has been vested in the Authority and upon that entry being made; or

(b)

in the case of a flat, house or building registered under the provisions of the Land Titles Act [Cap. 157], the Registrar of Titles shall register the instrument on the relevant folio of the land-register without the necessity of the production of the duplicate certificate of title and upon registration thereof,the title to and the estate or interest in the flat, house or building shall vest in the Authority free from all encumbrances, subject to such subsisting covenants, conditions or restrictions, if any, as may be binding on the Authority, and the Registrar of Deeds or the Registrar of Titles, as the case may be, shall cancel the registration of any mortgage, charge or lease thereby overreached.[39H

Section 41 — Port of Singapore Authority Act | laws.sg