§ 57 — Attestation and proof of execution

57.—(1) Subject to subsection (3), the Registrar must accept as proof of due execution of an instrument intended for registration under this Act if the instrument is presented in the following manner:(a)

where a person, other than a party to the instrument, attests the instrument; or

(b)

where the execution by a party is not apparently attested, the solicitor has signed the certificate of correctness mentioned in section 59, and —(i)

where such instrument is executed in Singapore — the Registrar must presume that it has been duly executed in the presence of the solicitor who has signed the certificate of correctness; or

(ii)

where such instrument is executed outside Singapore — the Registrar must presume that the solicitor who signed the certificate of correctness is satisfied that the execution of that instrument has been attested.

(2) The Registrar may, in any case in which he or she has reason to suspect impropriety or where the instrument is executed by a marksman or by a person who appears to be illiterate, require any of the parties to the instrument or that party’s respective witness to appear before the Registrar or before any person nominated by the Registrar for the purpose of proving the due execution of the instrument.

(3) The Registrar may dispense with proof of due execution of an instrument intended for registration under this Act for any of the following purposes:(a)

for the entry, extension or withdrawal of a caveat;

(b)

for the registration of —(i)

an enforcement order or an order of court; or[Act 25 of 2021 wef 01/04/2022]

(ii)

the withdrawal of an enforcement order or an order of court;[Act 25 of 2021 wef 01/04/2022]

(c)

for the cancellation of an enforcement order or order of court;[Act 25 of 2021 wef 01/04/2022]

(d)

for such other purpose as may be prescribed.[8/2014]

—(1) Subject to subsection (3), the Registrar must accept as proof of due execution of an instrument intended for registration under this Act if the instrument is presented in the following manner:(a)

where a person, other than a party to the instrument, attests the instrument; or

(b)

where the execution by a party is not apparently attested, the solicitor has signed the certificate of correctness mentioned in section 59, and —(i)

where such instrument is executed in Singapore — the Registrar must presume that it has been duly executed in the presence of the solicitor who has signed the certificate of correctness; or

(ii)

where such instrument is executed outside Singapore — the Registrar must presume that the solicitor who signed the certificate of correctness is satisfied that the execution of that instrument has been attested.

(2) The Registrar may, in any case in which he or she has reason to suspect impropriety or where the instrument is executed by a marksman or by a person who appears to be illiterate, require any of the parties to the instrument or that party’s respective witness to appear before the Registrar or before any person nominated by the Registrar for the purpose of proving the due execution of the instrument.

(3) The Registrar may dispense with proof of due execution of an instrument intended for registration under this Act for any of the following purposes:(a)

for the entry, extension or withdrawal of a caveat;

(b)

for the registration of —(i)

an enforcement order or an order of court; or[Act 25 of 2021 wef 01/04/2022]

(ii)

the withdrawal of an enforcement order or an order of court;[Act 25 of 2021 wef 01/04/2022]

(c)

for the cancellation of an enforcement order or order of court;[Act 25 of 2021 wef 01/04/2022]

(d)

for such other purpose as may be prescribed.[8/2014]