Singapore legislation
Clause 15
Clause 15
Final registration to be suspended if Act contravened
(1)
The Registrar, if he considers or is informed in writing by the Controller that any transfer lodged with him contravenes any of the provisions of this Act, shall not complete the registration of the transfer.
(2)
The transfer in such event shall remain provisionally registered and the Registrar shall cause an entry to be made —
in the case of land subject to the provisions of the Land Titles Act (Cap. 276) — in the land-register; and
in the case of land subject to the provisions of the Registration of Deeds Act (Cap. 281) — in the relevant Index of Land Book and other land records maintained at the Registry of Deeds,that final registration shall be suspended.
(3)
No action or claim shall be made against the decision of the Registrar to suspend the final registration of the transfer.
(4)
The party or the advocate and solicitor acting for the party claiming under the transfer shall be served with a notice in writing by the Registrar of such decision and such party may seek a declaration from the court as to whether the transfer contravenes any of the provisions of this Act, and, if so, is to be declared null and void.
(5)
All costs incidental to the action taken by the party claiming under the transfer, notwithstanding the declaration of the court, shall be borne by the party seeking the declaration.
(6)
If no declaration is sought from the court within a period of six months of the date of service of the notice in writing issued and served by the Registrar under subsection (4) of this section, the Registrar shall, without giving further notice to the party claiming under the transfer, proceed to cancel the registration of such transfer and all relating instruments, and no claim shall be made against the Registrar for any loss or damage suffered as a consequence of such cancellation.
(7)
Where any transfer which contravenes any of the provisions of this Act has been finally registered by the Registrar, the court may, on the application of the Controller, order rectification of the land-register by directing that the registration of the transfer and any relating instrument be cancelled.