Singapore legislation
Section 45
Section 45
Vesting orders of land
(1)
Subsection (2) applies to the following cases:
where the court appoints or has appointed a trustee, or where a trustee has been appointed out of court under any statutory or express power;
where a trustee entitled to or possessed of any land or interest in land, whether by way of mortgage or otherwise, or entitled to a contingent right in land, either solely or jointly with any other person —
is under disability;
is out of the jurisdiction of the court; or
cannot be found, or, being a corporation, has been dissolved;
where it is uncertain who was the survivor of 2 or more trustees jointly entitled to or possessed of any interest in land;
where it is uncertain whether the last trustee known to have been entitled to or possessed of any interest in land is living or dead;
where there is no personal representative of a deceased trustee who was entitled to or possessed of any interest in land, or where it is uncertain who is the personal representative of a deceased trustee who was entitled to or possessed of any interest in land;
where there is no personal representative of a deceased mortgagee who was entitled to or possessed of any interest in land, or where it is uncertain who is the personal representative of a deceased mortgagee who was entitled to or possessed of any interest in land, or where it is uncertain whether any mortgagee entitled to or possessed of any interest in land is living or dead, or where any mortgagee entitled to or possessed of any interest in land is out of the jurisdiction of the court or cannot be found or being a corporation has been dissolved;
where a trustee jointly or solely entitled to or possessed of any interest in land, or entitled to a contingent right therein, has been required, by or on behalf of a person entitled to require a conveyance of the land or interest or a release of the right, to convey the land or interest or to release the right, and has wilfully refused or neglected to convey the land or interest or release the right for 28 days after the date of the requirement; or
where land or any interest in land is vested in a trustee whether by way of mortgage or otherwise and it appears to the court to be expedient to make an order under subsection (2).
(2)
In any of the cases mentioned in subsection (1), the court may make an order (called in this Act a vesting order) —
vesting the land or interest in the land in any person in any manner and for any estate or interest that the court may direct; or
releasing or disposing of the contingent right to any person that the court may direct.
(3)
Where the order is consequential on the appointment of a trustee, the land or interest in the land is vested for such estate as the court may direct in the persons who on the appointment are the trustees.
(4)
Where the order relates to a trustee entitled or formerly entitled jointly with another person, and the trustee is under disability or out of the jurisdiction of the court or cannot be found, or being a corporation has been dissolved, the land, interest or right is vested in such other person who remains entitled, either alone or with any other person, as the court may appoint.