Signing Documents to Transfer HDB Properties

This article sets out guidelines for the signing of documents to transfer HDB properties.

1. Under s 14 of the Supreme Court of Judicature Act (Cap 322) and s 45 of the Subordinate Courts Act (Cap 321), if a judgment or order is made for the execution of a deed, or signing of a document, or for the indorsement of a negotiable instrument, and the party ordered to execute, sign or indorse such instrument is absent, or neglects or refuses to do so, any party interested in having the same executed, signed or indorsed, may prepare a deed, or document, or indorsement of the instrument in accordance with the terms of the judgment or order, and tender the same to the court for execution, upon the proper stamp, if any is required by law, and the signature thereof by the registrar, by order of the court, shall have the same effect as the execution, signing or indorsement thereof by the party ordered to execute (‘orders empowering the registrar to sign’).
2. In the Family Court, such orders empowering the registrar to sign are made in respect of documents to effect the surrender, sale or transfer of matrimonial assets.
3. The orders empowering the registrar to sign fall into two categories:
   
   1. An order empowering the registrar to sign the relevant documents without any pre-conditions (‘Category A orders’).
   2. An order empowering the registrar to sign the relevant documents only in the event of a default by a party in signing the relevant documents (‘the other party’) (‘Category B orders’).
      
4. Applications to obtain the signature of the registrar pursuant to Category A and Category B orders are currently made before the duty registrar in the Family Court.
5. Not all documents relevant to the sale, surrender or transfer of property which are presented to the registrar will be signed, however. This section sets out the types of documents which will usually be signed by the registrar and those types of documents which will usually not be signed. The contents of this section are intended to be a guide to the general practice of the court only, and each case will be dealt with on its own facts, on the merits and in accordance with the law.
   

Registrar’s Circular No 2 of 2002 — Documents to be Furnished to Registrar

1. Under Registrar’s Circular No 2 of 2002, applicants should furnish the following documents to the duty registrar when making such applications:
   
   1. For Category A orders
      1. The sealed copy of the court order (if the applicant was the party who extracted the court order) or the original copy of the court order which was served on the applicant (if the applicant was not the party who extracted the court order) empowering the registrar to sign the relevant documents; and
      2. A duplicate copy of each of the documents to be signed by the registrar, which will be retained by the court.
   2. For Category B orders
      1. The documents set out in para 6(a)(i) and (ii) above.
      2. An affidavit showing the other party’s default in signing the relevant documents.

   The copy of the court order required to be furnished to the court under para 6(a)(i) above will not be retained by the court, and will be returned to the applicant.
   

What Documents Will the Registrar Sign?

7. As stated earlier, not all the documents relevant to the surrender, sale or transfer of the property will necessarily be signed by the registrar.
8. The general principle is that the registrar will usually not sign documents which:
   
   1. require the registrar to make declarations on matters in which the registrar does not have knowledge; or
   2. bind the missing party to certain financial or legal obligations beyond the mere surrender, sale or transfer of the property.
      

Documents which are usually signed — Sale or transfer by missing party

9. Documents which are usually signed by the registrar are generally those which relate to transactions in which the missing party is the transferor or seller.

Documents which are usually signed — Sale or transfer to missing party with no consideration

10. There may be transactions where the missing party is the transferee or buyer, and the party applying for the relevant documents to be signed is not entitled to the payment of any monies upon transfer or sale of the property.
11. In such cases, the documents to be signed would be similar to those listed in para 9 above, and would usually be signed.
12. Sometimes, a document known as the Concessionary Stamp Fee Form is presented. This would usually be signed, as it grants a benefit to the new lessee, and does not bind the lessee to any financial or legal obligation.
    

Documents which are usually not signed by the registrar

13. The s 59 Certificate of Correctness in the Transfer Instrument is required to be signed under the Land Titles Act in order that it may be registered with the Singapore Land Authority. However, the registrar will usually not sign this document since HDB does so.
14. Statutory Declarations are sometimes presented to the registrar for signature as one of the documents for the sale or transfer of a property — where the missing party is the transferor or seller. These Statutory Declarations which state, inter alia, that the missing party is not a bankrupt, are usually not signed by the registrar, as these require the registrar to make a declaration on matters beyond his knowledge.
15. The Letter of Undertaking and Acknowledgement is also sometimes presented to the registrar for signature as one of the documents for the sale of a property — where the missing party is the seller. Such a document will generally not be signed by the registrar, as these contain an indemnity clause, which would bind the missing party to financial obligations to HDB.
16. Loans and mortgage documents are sometimes presented to the registrar for signature when the missing party is the transferee or buyer and the party applying is entitled to the payment of a certain sum upon the transfer or sale. The loan and mortgage is for the purpose of raising funds to pay the transferor or seller. Such documents will generally not be signed by the registrar as they bind the missing party to financial and legal obligations beyond the mere transfer or sale of the property. In addition, the loan applications are subject to the credit assessment by the lender of the missing party and the lender is unlikely to agree to the loans in such circumstances. The documents are listed below.
    

Summary of Documents Registrar is Asked to Sign to Transfer HDB Properties

Deputy Registrar Lim Hui Min
Family Court