The relevant legislation is as follows :
“The sanction of the court is necessary by virtue of s 35(2) of the Conveyancing and Law
of Property Act (Cap 63) (`CLPA`) which states that no sale of land belonging to the estate
of a deceased person shall be made by the legal personal representative(s) of that person
after the expiration of six years from his death unless with the sanction of the court.”
This kind of application for an Order of Court to sell the HDB flat where the Deceased
has passed away for more than 6 years is to be made to the High Court jurisdiction of
Singapore court and the Administrator is required to explain in his affidavit the
reasons as to why he or she is not able to sell the HDB flat for more than 6 years
from the death of the deceased and further exhibit valuation report of the HDB flat
to provide the propose price of the said HDB flat to be sold. The Administrator
may also be directed by the court to serve this application for Order of Court to
sell the flat on all the beneficiaries so that the beneficiaries’ view can be heard by
the court before the Court decide as to whether to allow the Order of Court to sell
the flat.
Unfortunately, there are not many local case law relating to section 35(2) of the
Conveyancing and Law of Property Act (Cap 63) (`CLPA`) that one can know as to
what amount to reasonable reason for the delay in selling the HDB flat for more than 6
years from the death of the deceased so as to trigger the Court to grant the Order of
Court.
In the case of RE THE ESTATE OF SAFIAH BINTE TAHAR (1940) MLJ 285, the case law
in this case say that Court will not grant the Order of Court to sell the property as of
right and the Court may require to be satisfied as to the reasons for the delay in failing
to sell the property for more than 6 years from the death of the deceased. The Court
may require an affidavit of valuation of the property in case where there are infant
beneficiary.
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