Common
Objections Raised for Instruments
Note: Amendment of an Instrument pursuant to any of these objections
is considered a "material amendment"
1. Description of Land
Technical Requirements for Identification of Land
Land cannot be identified:
(a) Wrong lot/strata lot number/Mukim/Town Subdivision number.
(b) Wrong Certificate of Title reference.
(c) Dead lot - lot subdivided or amalgamated.
2. Description of Parties
(a) Name of transferor inconsistent with that shown on the Certificate
of Title.
(b) Name of transferee as stated in transfer is different from that
stated in another document in the set.
3. Address for Service
No address for service in Singapore.
4. Manner of Holding not stated
Pursuant
to section 53, the following presumptions will apply:
(a) - Where there are co-owners claiming under an Instrument and
no manner of holding is stated, it shall be presumed that they intend
to hold as joint tenants; and
(b) - Where
the co-owners are described as tenants in common, they shall, in
the absence of any intention to the contrary, be presumed to be
entitled in equal shares.
5. Executions
(a) - Document not executed.
(b) - Execution not attested.
Pursuant to section 57, the following presumptions will apply to
a case where the execution of an Instrument is not shown as attested
by a witness:
i. Where an Instrument is executed in Singapore, that it has been
duly executed in the presence of the solicitor who signed the Certificate
of Correctness; or
ii. Where an
Instrument is executed outside Singapore, that the solicitor who
signed the Certificate of Correctness has satisfied himself that
the execution of that instrument was attested.
6. Date
(a) Documents not dated.
(b) Documents post-dated.
(c) Date incomplete.
7.
Certificate of Correctness
(a) Certificate of Correctness not signed.
(b) Certificate of Correctness omitted.
(c) Solicitor's name not shown in Certificate.
8. Stamping
Stamp Duty not
paid on Instrument.
9. Consent of Relevant Party not given
(a) Consent of HDB not given for sales of HDB flats sold under Part
IV of the Housing and Development Act.
(b) Application
for new Certificates of Title/Subsidiary Strata Certificates of
Title
Consent of mortgagee not given.
(c) Application
for Notification of Termination of Strata Subdivision.
Consent of mortgagee not endorsed.
10. Non-compliance with the Provisions
of the Residential Property Act
The
following information under the Residential Property Act not stated
or stated incompletely for the party acquiring title under a Transfer:
(a)
i. Natural
Person
Citizenship status.
NRIC No./Unique Identification No./Foreign Identification No./ Passport
No. and Place of Issue.
Permanent resident status if the transferee is not a Singapore citizen.
ii. Corporation
Place of Incorporation.
Registration No. of Company assigned by the Registry of Companies.
iii. Unincorporated Body
Place of Formation.
Registration No. assigned by the relevant government authority in
Singapore.
(b) Certifications not given by solicitor as required under the
Residential Property Act or, if given, not in order.
(c) Supporting
documents not attached.
For example:
i. Clearance
Certificate issued by the Controller of Residential Property in
favour of a Singapore company or Singapore society.
ii. Statutory
declaration made by:
- director/secretary of a Singapore company acquiring title and
its member-Singapore company; or
- managing
trustee of a Singapore society.
iii. Approval
letter issued by the Controller of Residential Property to a foreign
person.
11. Power
of Attorney (PA)
PA details
incorrect or incomplete, eg attorney's name, registration number
or name of substituted attorney omitted.
12.
Non-production of Requisite/Supporting Documents
(a) Production
Form
Production form required in accordance with Rule 23 whenever a duplicate
Certificate of Title or document is lodged by a person who is not
the first mortgagee or other person entitled to custody of those
documents.
(b) Authorisation
Form
If the duplicate Certificate of Title/document has been lodged in
connection with an earlier set of Instruments at the Land Titles
Registry, solicitors when lodging the later set of Instruments are
requested to attach a letter stating the Instrument number to which
the duplicate Certificate of Title/document is attached. If the
earlier set was lodged by a different law firm, a Production/Authorisation
Form from that firm is required.
(c) Sealed office
copy of the Orders of Court, a copy certified by the Registrar of
Supreme Court, eg grants of probate and letters of administration,
order of court appointing liquidator, notice of resolution of appointment
of liquidators or receivers certified by the Registrar of Companies,
death certificates or a true copy thereof certified by the relevant
authority not produced.
(d) Certificates
of Incorporation on Change of Name of Company certified by the relevant solicitor not produced, unless they have been earlier forwarded
by way of deposit or for registration of documents lodged earlier.
Note: Where the Certificate of Incorporation on Change of
name of Company has been lodged earlier, it would assist the Registry
if the lodging firm could give us a letter stating the particulars
of the earlier lodgement.
(e) Applications
to Note Change of Name - A copy of the Deed Poll certified by a
solicitor is to be given.
(f) Application
for Replacement Certificate of Title
The following supporting documents are required:
i. Statutory declaration by relevant persons; and
ii. Draft notices in duplicate in English and Chinese.
13. Others
(a) Section 127 of the Land Titles (Strata) Act
Corresponding deed of assignment not lodged at the Registry of Deeds
for the transfer of the share in the land; or
Corresponding instrument of Transfer for the share in the land not
lodged at the Land Titles Registry for the assignment of the flat
registered at the Registry of Deeds.
(b) Order of Court does not fall within the ambit of section 132.
(c) Transfer
made pursuant to section 108 of the Land Titles Act not acceptable
as the circumstances recounted do not fall within section 108.
(d) CPF Charge
Name of authorised officer executing document omitted.
(e) Application
for Lapsing of Caution
Period of 5 years required under section 25 not elapsed.
Applicant not a proprietor by purchase.
(f) Miscellaneous
i. Name of mortgagee in Total Discharge of Mortgage different from
that stated in Mortgage.
ii. Registration
number of Mortgage to be discharged incorrect.
iii. Description
of land - dominant or servient tenement for creation of easements
incorrect.
iv. Lease/Mortgage
contains more than 10 sheets of covenants and conditions. A Memorandum
of Lease/ Memorandum of Mortgage should be filed.
v. Lodgement
of documents attaching different Certificates of Title made under
one lodgement form.
vi. Documents
suitable for microfilming
Documents lodged for registration must be clear and suitable for
microfilming for public search. Sometimes the documents lodged are
photocopies of photocopied forms where the additional information
is typed in. These documents with blurred wordings will not be accepted
for registration.
NOTE
The common objections and examples are listed. However, it is not
possible to list all objections.
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