s 59 Transfer of flat, house or other building on death of owner
59.—(1) The transmission on the death of the owner, whether testate or intestate, or any transfer by the personal representatives of a deceased owner of a flat, house or other building that has been sold subject to the provisions of this Part must not be registered under the provisions of the Registration of Deeds Act 1988 or the Land Titles Act 1993 without the written consent of the Board. (2) Where the Board refuses to give its consent, the Board may lodge an instrument with the Registrar of Deeds or the Registrar of Titles (as the case may be) to have the flat, house or other building vested in the Board. (3) Where —(a) no representation has been taken out under a will or on the intestacy of a deceased owner of a flat, house or other building within 12 months from the death of the owner; (b) representation has been taken out but the personal representatives do not apply for the written consent of the Board for the transmission or transfer of the flat, house or other building within 6 months from the date of representation; or (c) representation has been taken out and the personal representatives have the written consent of the Board mentioned in paragraph (b), but the sale or transfer of the flat, house or other building is not completed within 12 months from the date of that written consent, the Board may lodge an instrument with the Registrar of Deeds or the Registrar of Titles (as the case may be) to have the flat, house or other building vested in the Board. [29/2005] (4) Where, on the death of the owner of a flat, house or other building that has been sold subject to the provisions of this Part —(a) the lease in favour of the owner has not been registered under the provisions of the Registration of Deeds Act 1988 or the Land Titles Act 1993; or (b) no representation has been taken out under a will or on the intestacy of a deceased owner of the flat, house or other building within 12 months from the death of the owner, the Board may rescind the agreement for the lease of the flat, house or other building. (5) Where the Board decides to lodge an instrument under subsection (2) or (3) to have the flat, house or other building vested in itself or to rescind an agreement for a lease under subsection (4), the Board must —(a) serve a written notice on the personal representatives of the deceased owner of, and on all persons known or believed to have an interest or estate in, the flat, house or other building; and (b) in the case where no representation is taken out, serve a notice on the flat, house or other building and on all persons known or believed to have an interest or estate in the flat, house or other building, of its intention to lodge with the Registrar of Deeds or the Registrar of Titles (as the case may be) an instrument of vesting under subsection (2) or (3) or of its decision to rescind the agreement for a lease and of the compensation to be paid therefor. [Act 2 of 2023 wef 28/05/2025] (5A) The Board must not proceed to lodge an instrument of vesting under subsection (2) or (3), or rescind an agreement for a lease under subsection (4), until the expiry of a period of 28 days after the service of the notice mentioned in subsection (5).[Act 2 of 2023 wef 28/05/2025] (6) The personal representatives and any person who is interested in the estate of the deceased owner may, within 28 days after the date of the service of the notice, appeal to the Minister whose decision is final and is not to be called in question in any court. (7) Where an appeal is made to the Minister pursuant to subsection (6), the Board must not proceed to lodge an instrument of vesting under subsection (2) or (3) until the appeal is disposed of. (8) The Registrar of Deeds or the Registrar of Titles (as the case may be) must register any instrument lodged under subsection (2) or (3) without being concerned to inquire into its regularity or validity and —(a) in the case of a flat, house or other building registered under the provisions of the Registration of Deeds Act 1988 — the Registrar of Deeds must make an entry in the books of the Registry that the flat, house or other building has been vested in the Board; and (b) in the case of a flat, house or other building registered under the provisions of the Land Titles Act 1993 — the Registrar of Titles must register the instrument on the relevant folio of the land-register without the necessity of the production of the duplicate certificate of title. (9) Upon the making of the entry or upon registration under subsection (8)(a) or (b), the title to and the estate or interest in the flat, house or other building vests in the Board free from all encumbrances, subject to such subsisting covenants, conditions or restrictions (if any) as may be binding on the Board, and the Registrar of Deeds or the Registrar of Titles (as the case may be) must cancel the registration of any mortgage, charge or lease thereby overreached. (10) Where an appeal has been determined by the Minister or on the expiry of a period of 28 days after the service of the notice mentioned in subsection (5) and —(a) the personal representatives do not consent to receive the compensation; (b) where representation has not been taken out under a will or intestacy of the deceased owner; or (c) where there is any dispute as to the entitlement to or the apportionment of the compensation, the Board must apply to the Registrar of the Supreme Court by an originating application without notice, supported by an affidavit, for an order to deposit the amount of the compensation in court and, despite anything to the contrary in the Rules of Court for the time being in force, the Registrar may make the order. [35/2020] [Act 25 of 2021 wef 01/04/2022] (11) The compensation to be paid by the Board for any flat, house or other building vested in the Board under this section is to be determined by the Board.[52