Comparison View

Formal Consolidation |  2020 RevEd
Transfer of housing accommodation on death of owner within 10 years of issue of temporary occupation permit
8.—(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 housing accommodation under the executive condominium scheme within 10 years of the date of issue of the temporary occupation permit in respect of the housing accommodation must not be registered under the provisions of the Land Titles Act 1993 without the Minister’s prior written consent.
(2)  Where the Minister refuses to give his or her consent under subsection (1), the Minister may lodge an instrument with the Registrar of Titles to have the housing accommodation vested in the Board.
(3)  Where —
(a)no representation has been taken out under the will or on the intestacy of a deceased owner of a housing accommodation under the executive condominium scheme within 12 months from the death of the owner;
(b)representation has been taken out but the personal representatives do not apply for the Minister’s consent for the transmission or transfer of the housing accommodation within 6 months from the date of representation; or
(c)the Minister’s consent for the transmission or transfer of the housing accommodation has been obtained but the transmission or transfer of the housing accommodation is not effected within the period specified by the Minister,
the Minister may lodge an instrument with the Registrar of Titles to have the housing accommodation vested in the Board.
(4)  Where the Minister decides to lodge an instrument under subsection (2) or (3) to have the housing accommodation vested in the Board, the Minister 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 housing accommodation; and
(b)in the case where no representation is taken out, serve a written notice on all persons known or believed to have an interest or estate in the housing accommodation and affix a copy of the notice on a conspicuous part of the housing accommodation,
of the Minister’s intention to lodge with the Registrar of Titles an instrument of vesting under subsection (2) or (3) and of the compensation to be paid by the Board therefor and the date on which the instrument will be lodged, not being a date earlier than 28 days after the date the notice is served.
(5)  The Registrar of Titles must register any instrument lodged under subsection (2) or (3) without being concerned to inquire into its regularity or validity, and upon its registration —
(a)the title to, or the estate or interest in, the housing accommodation vests in the Board without further assurance free from all encumbrances (except for such subsisting covenants, conditions or restrictions (if any) as may be binding on the Board); and
(b)the Registrar of Titles must cancel the registration of any mortgage, charge or assurance thereby overreached and any caveat protecting a mortgage, charge or assurance registered or notified on the land‑register.
(6)  On the expiry of a period of 28 days after the date of service of the notice mentioned in subsection (4), where —
(a)the personal representatives do not consent to receive the compensation;
(b)representation has not been taken out under a will or intestacy of the deceased owner; or
(c)there are conflicting claims to the compensation to be paid by the Board,
the Board must apply to the General Division of the High Court ex parte by originating summons, 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 General Division of the High Court may make such an order.
[40/2019]
(7)  The amount of compensation to be paid by the Board for any housing accommodation vested in the Board under this section and the order of priority for the payment of such compensation shall be prescribed by the Minister.
(8)  The Board may —
(a)deduct, from any compensation payable in respect of any housing accommodation vested in the Board under this section, any administrative and legal costs reasonably incurred; and
(b)withhold such compensation until the Board has taken possession of the housing accommodation.
(9)  Where any housing accommodation has been vested in the Board under this section, the Board may proceed to take possession of the housing accommodation on the expiry of a period of 30 days after the date a notice is served on the persons mentioned in subsection (4)(a) and (b) and if any of the officers or agents of the Board is opposed or impeded in taking possession under this section of any housing accommodation, the Board may take such measures as are necessary —
(a)to have the occupiers evicted from the housing accommodation and to enforce the surrender of the same; and
(b)to remove all things and other movable property found in the housing accommodation.
(10)  Any housing accommodation vested in the Board under this section or section 9 shall be sold by the Board to such person and for such consideration as the Minister may determine.
Informal Consolidation | Amended Act 25 of 2021
Transfer of housing accommodation on death of owner within 10 years of issue of temporary occupation permit
8.—(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 housing accommodation under the executive condominium scheme within 10 years of the date of issue of the temporary occupation permit in respect of the housing accommodation must not be registered under the provisions of the Land Titles Act 1993 without the Minister’s prior written consent.
(2)  Where the Minister refuses to give his or her consent under subsection (1), the Minister may lodge an instrument with the Registrar of Titles to have the housing accommodation vested in the Board.
(3)  Where —
(a)no representation has been taken out under the will or on the intestacy of a deceased owner of a housing accommodation under the executive condominium scheme within 12 months from the death of the owner;
(b)representation has been taken out but the personal representatives do not apply for the Minister’s consent for the transmission or transfer of the housing accommodation within 6 months from the date of representation; or
(c)the Minister’s consent for the transmission or transfer of the housing accommodation has been obtained but the transmission or transfer of the housing accommodation is not effected within the period specified by the Minister,
the Minister may lodge an instrument with the Registrar of Titles to have the housing accommodation vested in the Board.
(4)  Where the Minister decides to lodge an instrument under subsection (2) or (3) to have the housing accommodation vested in the Board, the Minister 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 housing accommodation; and
(b)in the case where no representation is taken out, serve a written notice on all persons known or believed to have an interest or estate in the housing accommodation and affix a copy of the notice on a conspicuous part of the housing accommodation,
of the Minister’s intention to lodge with the Registrar of Titles an instrument of vesting under subsection (2) or (3) and of the compensation to be paid by the Board therefor and the date on which the instrument will be lodged, not being a date earlier than 28 days after the date the notice is served.
(5)  The Registrar of Titles must register any instrument lodged under subsection (2) or (3) without being concerned to inquire into its regularity or validity, and upon its registration —
(a)the title to, or the estate or interest in, the housing accommodation vests in the Board without further assurance free from all encumbrances (except for such subsisting covenants, conditions or restrictions (if any) as may be binding on the Board); and
(b)the Registrar of Titles must cancel the registration of any mortgage, charge or assurance thereby overreached and any caveat protecting a mortgage, charge or assurance registered or notified on the land‑register.
(6)  On the expiry of a period of 28 days after the date of service of the notice mentioned in subsection (4), where —
(a)the personal representatives do not consent to receive the compensation;
(b)representation has not been taken out under a will or intestacy of the deceased owner; or
(c)there are conflicting claims to the compensation to be paid by the Board,
the Board must apply to the General Division of the High 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 General Division of the High Court may make such an order.
[40/2019]
[Act 25 of 2021 wef 01/04/2022]
(7)  The amount of compensation to be paid by the Board for any housing accommodation vested in the Board under this section and the order of priority for the payment of such compensation shall be prescribed by the Minister.
(8)  The Board may —
(a)deduct, from any compensation payable in respect of any housing accommodation vested in the Board under this section, any administrative and legal costs reasonably incurred; and
(b)withhold such compensation until the Board has taken possession of the housing accommodation.
(9)  Where any housing accommodation has been vested in the Board under this section, the Board may proceed to take possession of the housing accommodation on the expiry of a period of 30 days after the date a notice is served on the persons mentioned in subsection (4)(a) and (b) and if any of the officers or agents of the Board is opposed or impeded in taking possession under this section of any housing accommodation, the Board may take such measures as are necessary —
(a)to have the occupiers evicted from the housing accommodation and to enforce the surrender of the same; and
(b)to remove all things and other movable property found in the housing accommodation.
(10)  Any housing accommodation vested in the Board under this section or section 9 shall be sold by the Board to such person and for such consideration as the Minister may determine.