Transfer of property ownership in Singapore

[P107S0052] Basic Understanding on the Different Ways of Transferring Ownership of Property (Alienation of Title) (DWTO)

CPD Category: Professional (2 CPD credits awarded)

Course Duration: 3.0 hours

Course Synopsis

Latest legal landscape relating to real estate in Singapore. Covering the latest round of cooling measures affecting real estate transactions and the implications on the various methods of transfer of ownership, if any.


Expected Learning Outcome(s):

• Latest legal landscape relating to real estate in Singapore.
• Latest government cooling measures affecting real estate transactions.
• Types of Properties for sale (Residential, Commercial or Industrial) and its implications.
• Practical considerations when selling or buying a property on behalf of the client – Granting of an Option to
Purchase and its terms and conditions.
• The different modes of transferring ownership of a property.
• By way of Sale.
• By way of Gift.
• By way of Trust.
• By way of Intestate Succession Act.
• By way of a Will.
• What are the implications for each mode?
• The importance of knowing these various modes of transfer.
• Case studies.


About the Trainer

Patrick Tan, Chief Executive Officer of Fortis Law Corporation

Mr Patrick Tan is the Founder and Chief Executive Officer of the law firm M/s Fortis Law Corporation. He specializes in commercial litigation and dispute resolution, wealth and legacy management, and real estate. He is an Advocate & Solicitor of the Supreme Court of Singapore, Commissioner for Oaths, a Fellow with the Singapore Institute of Arbitrators, and an accredited Mediator, appointed by the Singapore Mediation Centre and the Primary Dispute Resolution Centre of the Subordinate Courts of Singapore.

Patrick holds a LL.B (Hons) at the University of Nottingham. He received top honours, clinching several academic prizes in land law, company law and partnership law. Whilst at Nottingham, he served as an editor on the editorial boards of the University’s law society and Malaysian and Singaporean Society.

We have listed the forms required for property registration for your easy reference and action. The forms should not be hand written. They must be clearly legible, typed, printed or photographically produced. If a witness to the execution is required, please ensure that the name, ID No. and signature of witness are stated. Please note that the approved forms listed here are for the lodgment of instruments affecting HDB properties and instruments which are not available for online lodgment. For all other approved forms, please click here. Please click on the relevant link.

APPROVED FORMS FOR USE UNDER THE LAND TITLES RULES 1993

APPLICATION FOR NEW CERTIFICATES OF TITLE

Form 6A

Application for New Certificates of Title

Form 10B

Application for Certificate of Title/Subsidiary Certificate of Title for a Private Leasehold Estate comprised in a Lease

Notice of Application for Certificate of Title for Leasehold Estate Comprised in a Lease which has been Lost/has been Mislaid/has been Destroyed/is being Improperly or Wrongfully Withheld

Notice of Application for Subsidiary Certificate of Title to Replace Duplicate Lease which has been Lost/has been Mislaid/has been Destroyed/is being Improperly or Wrongfully Withheld

Form 12

Application to Dispense With Production of Duplicate Instrument/Certificate of Title/Subsidiary Strata Certificate of Title/Subsidiary Certificate of Title

Notice of Application to Dispense with Production of Duplicate Instrument/Certificate of Title/Subsidiary Strata Certificate of Title/Subsidiary Certificate of Title

Form 13A

Application for Replacement of Certificate of Title/Subsidiary Strata Certificate of Title/Subsidiary Certificate of Title

Notice of Application for Replacement of Certificate of Title

Notice of Application for Replacement of Subsidiary Strata Certificate of Title

Notice of Application for Replacement of Subsidiary Certificate of Title

Note: See "Others" for sample form of a Statutory Declaration

Form 14

Instrument of Postponement

FORMS ON DECLARATIONS TO CREATE A TENANCY IN COMMON OR JOINT TENANCY

Form 15

Instrument of Declaration to Hold as Joint Tenant (By Tenants in Common in Equal Shares)

Form 16

Instrument of Declaration by All Joint Tenants to Sever a Joint Tenancy

Form 17

Instrument of Declaration by a Joint Tenant to Sever a Joint Tenancy

Form 18

Instrument of Declaration by some Joint Tenants to Sever a Joint Tenancy 

TRANSFERS OR INSTRUMENTS INVOLVING CHANGE IN OWNERSHIP

Form 19

Transfer

Form 22

Transfer (Through Intermediate Purchaser)

Form 86

Transfer (To New Trustees Holding Property In Trust)

Form 23

Transfer (By Mortgagee Exercising Powers of Sale)

Form 23A

Transfer(By Management Corporation as Chargee Exercising Power of Sale)

Notice of Intended Sale (By Management Corporation as Chargee Exercising Power of Sale)

Form 24

Transfer To the President of the Republic of Singapore (Pursuant to Request) (Re-issue)

Form 25

Transfer To the President of the Republic of Singapore (Pursuant to Request)

Form 28

Transfer of Mortgage / Charge

Form 87

Application for Vesting (Space Adding Item)

Schedule A, B & C

 FORMS OF MORTGAGES, CHARGES AND DISCHARGES

Form 29

Mortgage

Form 30

Charge

Form 31

Total Discharge of Mortgage or Charge

Form 32

Partial Discharge of Mortgage or Charge

APPLICATIONS TO NOTIFY CHARGE (CPF CHARGE) AND DISCHARGE

Form 33

Application to Notify Charge (Where the Chargor/s is/are the Registered Proprietor/s of the Land

Form 34

Application to Notify Charge (Where the Chargor/s is/are not the Registered Proprietor/s of the Land

Form 35

Discharge of Charge

Form 36

Application to Notify Partial Discharge of Charge (as Against Part of the Land)

Form 37

Application to Notify Partial Discharge of Charge (as Against a Chargor Who Has Withdrawn From the Purchase)

 

APPLICATIONS TO NOTIFY CPF CHARGE (FOR PRIVATE PROPERTIES PURCHASED ON OR AFTER 1 SEP 2002)

Form 78

Application to Notify Charge (Where the Chargor is the sole Registered Proprietor of the Land)

Form 79

Application to Notify Charge (Where the Chargors are the Registered Proprietors of the Land and all are withdrawing CPF Funds)

Form 80

Application to Notify Charge (Where the Chargors are the Registered Proprietors of the Land and not all are withdrawing CPF Funds)

Form 81

Application to Notify Charge (Where the sole Chargor is not the Registered Proprietor of the Land)

Form 82

Application to Notify Charge (Where the Chargors are not the Registered Proprietors of the Land and all are withdrawing CPF Funds)

Form 83

Application to Notify Charge (Where the Chargors are not the Registered Proprietors of the Land and not all are withdrawing CPF Funds)

 

APPLICATIONS TO NOTIFY CPF CHARGE (DIVISION OF CPF-RELATED MATRIMONIAL ASSETS)

Form 90

Application to Notify Charge (S27E) (Where the Chargor is the sole Registered Proprietor of the Land)

Form 91

Application to Notify Charge (S27E) (Where the Chargors are the Registered Proprietors of the Land)

Form 92

Application to Notify Charge [S27E and S21 (Where the Chargor is the sole Registered Proprietor of the Land and is withdrawing CPF Funds)]

Form 93

Application to Notify Charge [S27E and S21 (Where the Chargors are the Registered Proprietors of the Land and some are withdrawing CPF Funds)]

Form 94

Application to Notify Charge [S27E and S21 (Where the Chargors are the Registered Proprietors of the Land and all are withdrawing CPF Funds)]

Form 95

Application to Notify Charge (S27E) (Where the sole Chargor is not the Registered Proprietor of the Land)

Form 96

Application to Notify Charge (S27E) (Where the Chargors are not the Registered Proprietors of the Land)

Form 97

Application to Notify Charge [S27E and S21 (Where the sole Chargor is not the Registered Proprietor of the Land and is withdrawing CPF Funds)]

Form 98

Application to Notify Charge [S27E and S21 (Where the Chargors are not the Registered Proprietors of the Land and some are withdrawing CPF Funds)]

Form 99

Application to Notify Charge [S27E and S21 (Where the Chargors are not the Registered Proprietors of the Land and all are withdrawing CPF Funds)]

FORMS FOR CPF POSTPONEMENT

 Form 84

CPF Postponement

 

 LEASES AND RELATED INSTRUMENTS

Form 38

Lease

Form 39

Surrender of Lease

Form 40

Application for Determination of Lease

 

TRANSMISSION APPLICATIONS / NOTICE OF DEATH

 Form 46

Transmission Application on Death of Proprietor

Form 47

Transmission Application on Bankruptcy of Proprietor

Form 48

Notice of Death

 

CAVEATS, EXTENSIONS AND WITHDRAWAL

Form 49

Caveat (Without Plan Annexed)

Form 50

Caveat (With Plan Annexed)

Form 51

Extension of Caveat

Form 52

Withdrawal of Caveat

ORDERS OF COURT

Form 53

Application for Registration of Writ or Order of Court


Form 55


Withdrawal of Writ or Order of Court

STATUTORY OBLIGATIONS

Form 60

Application to Notify Statutory Obligation

Form 61

Application to Notify Total Discharge of Statutory Obligation

Form 62

Application to Notify Partial Discharge of Statutory Obligation

VARIATIONS

Form 63

Variation of Mortgage

Form 64

Variation of Lease

OTHERS

Form 57

Release/Variation of Restrictions

Form 65

Application to Note Change of Name

Form 67

Application for Official Search

Form 68

Application for Final Official Search

Form 69

Memorandum of Mortgage/Lease

Form 70

Variation of Memorandum of Mortgage/Lease

Form 71

Statement by Personal Representative that He is Absolute Proprietor

Form 73A

Application to Correct Data

Form 74

Production Form

Form 75

Authorisation Form

Form 76

Statutory Declaration Form

Form 88

Lodgment Form

Form 89

Authorisation Form (Lodgment by Applicant’s Representative)


Form 100


Application to Cancel Vexatious Caveat

APPROVED FORMS FOR USE UNDER THE LAND TITLES (STRATA) REGULATIONS 

APPLICATION

Form S11

Strata Title Application Under Section 125 of the Land Titles (Strata) Act

Annex - Strata Title Application Under Section 125 of the Land Titles (Strata) Act

Form S13

Strata Title Application Under Section 127 of the Land Titles (Strata) Act

Annex - Strata Title Application Under Section 127 of the Land Titles (Strata) Act

COLLECTIVE SALES

Form S19

Application for notional shares in land under Section 84E of the Land Titles (Strata) Act

Form S22

Notice to be served on proprietor of land under Section 84F

 

 MANAGEMENT CORPORATION

Form S24

Application for notification of merger of subsidiary management corporations

Form S25

Application for notification of dissolution of subsidiary management corporation

APPROVED FORMS FOR USE UNDER THE REGISTRATION OF DEEDS RULES 

COLLECTIVE SALES

 Form R1

Application to Register Collective Sale Application made to the Strata Titles Board

Form R2

Application to CANCEL registration of Collective Sale Application made to the Strata Titles Board

Form R3

Application to Register ORDER for Collective Sale made by the Strata Titles Board

Form R4

Application to Register ORDERS made by the Strata Titles Board under Part VA of the Land Titles (Strata) Act

What are the 2 methods of transfer of property?

There are various modes of transferring ownership of property: permanently by 1) relinquishment 2) sale 3) gift; and temporarily by way of 4) mortgage 5) lease and, 6) leave and license agreement.

Can you transfer a property to someone else?

Gifting property to family members with deed of gift Despite the amounts involved, it is possible to transfer ownership of your property without money changing hands. This process can either be called a deed of gift or transfer of gift, both definitions mean the same thing.

Can I gift my house to my children Singapore?

There is nothing illegal about giving away property in Singapore without being financially compensated for it. This is called an inter vivos gift and it's perfectly legal under certain circumstances. You do this by executing a Deed of Gift between the two parties, the benefactor and recipient.

Can I transfer my HDB ownership to my wife?

HDB flats. Currently, HDB flat owners are not allowed to transfer their ownership (whether joint tenancy or tenancy-in-common) to their spouse through a gift or sale of their part share in the property, with the exception of specific circumstances.