Comparison View

Formal Consolidation |  Amended Act 25 of 2001
Severance of tenancy in common and joint tenancy
66A.—(1)  Tenants in common entitled in equal shares who intend to hold their estate or interest in land as joint tenants may jointly declare by a deed of declaration that they hold the estate or interest in their respective shares in the land as joint tenants of the entire estate or interest thereof.
[25/2001 wef 20/08/2001]
[27/93]
(2)  Upon the making of the deed of declaration referred to in subsection (1) —
(a)where all the tenants in common of the entire estate or interest in the land are the declarants — the estate or interest which they held in their respective shares as tenants in common immediately before the making of such deed shall vest in them as joint tenants; or
(b)where not all the tenants in common of the entire estate or interest in the land are the declarants —
(i)the estate or interest which the declarants held in their respective shares as tenants in common immediately before the making of such deed shall vest in the declarants as joint tenants; and
(ii)the declarants and the other tenants in common shall continue to hold their estate or interest in their respective shares as tenants in common.
(3)  Without prejudice to any rule or principle of law relating to severance of a joint tenancy, a joint tenant may sever a joint tenancy of an estate or interest in land by a deed of declaration and by serving a copy of the deed of declaration personally or by registered post on the other joint tenants.
(4)  Upon the making of the deed of declaration and the service of the deed of declaration pursuant to subsection (3), the respective estates and interests in the land shall be held by the declarant as tenant in common with the remaining joint tenants and shares in the registered land shall be equally apportioned by the Registrar among the declarant and the remaining joint tenants.
[25/2001 wef 20/08/2001]
(5)  Where a joint tenant holds an estate or interest in land on trust, the severance of the joint tenancy shall not affect the rights of the beneficiary of the trust or the operation of the law relating to breaches of trust.
Informal Consolidation | Amended Act 8 of 2014
Severance of tenancy in common and joint tenancy
66A.—(1)  Tenants in common entitled in equal shares who intend to hold their estate or interest in land as joint tenants may jointly declare by a deed of declaration that they hold the estate or interest in their respective shares in the land as joint tenants of the entire estate or interest thereof.
[27/93]
[25/2001 wef 20/08/2001]
(2)  Upon the making of the deed of declaration referred to in subsection (1) —
(a)where all the tenants in common of the entire estate or interest in the land are the declarants — the estate or interest which they held in their respective shares as tenants in common immediately before the making of such deed shall vest in them as joint tenants; or
(b)where not all the tenants in common of the entire estate or interest in the land are the declarants —
(i)the estate or interest which the declarants held in their respective shares as tenants in common immediately before the making of such deed shall vest in the declarants as joint tenants; and
(ii)the declarants and the other tenants in common shall continue to hold their estate or interest in their respective shares as tenants in common.
(3)  Without prejudice to any rule or principle of law relating to severance of a joint tenancy, a joint tenant may sever a joint tenancy of an estate or interest in land by a deed of declaration and by serving a copy of the deed of declaration personally or by registered post on the other joint tenants.
(4)  Upon the making of the deed of declaration and the service of the deed of declaration pursuant to subsection (3), the respective estates and interests in the land shall be held by the declarant as tenant-in-common with the remaining joint tenants, and the declarant shall be deemed to hold a share that is equal in proportion to each of the remaining joint tenants as if each and every one of them had held the land as tenants-in-common in equal shares prior to the severance.
[Act 8 of 2014 wef 15/08/2014]
(5)  Where a joint tenant holds an estate or interest in land on trust, the severance of the joint tenancy shall not affect the rights of the beneficiary of the trust or the operation of the law relating to breaches of trust.
(6)  For the purpose of subsection (3), where a copy of the deed of declaration is sent by registered post to the other joint tenants, it shall be deemed to have been served on the other joint tenants to whom it is addressed 2 days after the day it is sent by registered post to the last known place of residence or business in Singapore of the other joint tenants, notwithstanding it is returned undelivered.
[Act 8 of 2014 wef 15/08/2014]