RES exam question on Land Law: A forger transfers Mdm Koh's house to himself and is registered as proprietor on 3 March…
A forger transfers Mdm Koh's house to himself and is registered as proprietor on 3 March 2026. On 20 April he sells it to Mr Teo, who pays market value, knows nothing of the fraud, and is registered on 6 May 2026. Which of the following statements is/are correct? (i) While the forger was still the registered proprietor, his title could have been set aside for his own fraud. (ii) Since the forged transfer was void, nothing passed down the chain, so Mdm Koh may recover the house from Mr Teo. (iii) Since the register recorded the forged transfer, the Assurance Fund compensates Mdm Koh before she need pursue the forger. (iv) Since Mr Teo bought for value and took no part in the fraud, his registered title is indefeasible.
- A(ii) and (iii) only
- B(i), (iii) and (iv) only
- C(i) and (iv) only
- D(i), (ii) and (iv) only
Show answer & explanation
Answer
C. (i) and (iv) only
Explanation
Answer: (i) and (iv) only. Under immediate indefeasibility, a good-faith buyer who registers takes good title even from a forger, though the forger's own title was open to challenge.(i) True. The forger was a party to his own fraud, so the fraud or forgery exception applied to him.(iv) True. Mr Teo registered on 6 May 2026 without fraud, so his title is good.Rule: A registered proprietor holds free of unregistered interests unless he or his agent was party to the fraud or forgery. A buyer who registers in good faith takes good title at once, even from a forger.Source: Land Titles Act 1993, ss 46(1), 46(2)(a) and 155(1) (sso.agc.gov.sg, current version at 1 October 2026); United Overseas Bank v Bebe bte Mohammad, Court of Appeal, 2006; /learn/caveats-and-registration-of-title
Why the other options are wrong
- (ii) False. That is the deeds-system rule. Under registration, the register, not the instrument, decides.
- (iii) False. The Assurance Fund pays only for loss through an omission, mistake or misfeasance of the Registrar or the Registrar's staff. Her loss came from the forger, so her claim is against him personally.
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