Singapore legislation
Section 37
Section 37
Conditions as to sale of unit
(1)
No unit which has been sold by the Authority under the provisions of this Part shall be sold, leased, mortgaged or disposed of without the prior written consent of the Authority.
(2)
An assurance or a mortgage, transfer, charge or lease of such unit that is executed without the written consent of the Authority is void and is incapable of being registered under the provisions of the Registration of Deeds Act [Cap. 269] or the Land Titles Act [Cap. 157].
(3)
Where an assurance or a mortgage, transfer, charge or lease of a unit is executed without the written consent of the Authority, the person, who is entitled to the title to or the estate or interest in the unit if the written consent of the Authority had been obtained, shall not present for registration under the provisions of the Registration of Deeds Act or the Land Titles Act the assurance, mortgage, transfer, charge or lease of the unit.
(4)
The Authority shall, within 3 months of the discovery of such assurance, mortgage, transfer, charge or lease, serve a written notice upon the person, referred to in subsection (3), of its intention to lodge with the Registrar of Deeds or the Registrar of Titles, as the case may be, an instrument under subsection (6).
(5)
Such person may, within 14 days of the service of the notice, appeal to the Minister whose decision shall be final.
(6)
The Authority may, in any case where an assurance or a mortgage, transfer, charge or lease has been executed without the written consent of the Authority, and an appeal to the Minister under subsection (5) has been dismissed, 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 the unit in respect of which the assurance, mortgage, transfer, charge or lease had been executed.
(7)
The Registrar of Deeds or the Registrar of Titles shall register any instrument, lodged under subsection (6), without being concerned to inquire into its regularity or validity, and upon its registration the title to or the estate or interest in the unit shall vest in the Authority without further assurance free from all encumbrances (save such subsisting covenants, conditions or restrictions, if any, as may be binding on the Authority) for such title, estate or interest as the Authority would have had on the date of the registration of the instrument, if there had been no assurance, mortgage, transfer, charge or lease in respect of the unit.
(8)
Upon the registration of such instrument —
in the case of a unit 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 unit has vested in the Authority in accordance with subsection (6), and upon that entry being made, the unit 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; or
in the case of a unit, registered under the provisions of the Land Titles Act [Cap. 157], the unit 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 Titles shall cancel the registration of any mortgage, charge or lease thereby overreached.
(9)
Any person who acts in contravention of subsection (1) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.[36