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Land Transactions without services of a lawyer
All land transactions can be done without a lawyer depends on the consensus between seller, buyer and the bank as well. For the land transaction of nothing in return (pemberian secara kasih sayang) such as from a husband to a wife, a father to a child or a mother to a child, the Form 14A can be signed (attestation) in front of a Registrar/ Land Administrator for free.After that, one must deal with LHDN/ JPPH for the purpose of land valuation to get to know the amount of stamp duty to be paid. Once the stamp duty is paid, presentation can be made at the Director of Land and Mines Office (for Registry Title) / Land Office (for Land Office Title) where the land is situated. . Besides that, land transaction via cash payment can also be made without a lawyer. Otherwise, if the land transaction is via bank loan, the bank will normally request it is done by a lawyer. -
Apart from the National Land Code, is there any other laws related to land used in Malaysia?
National Land Code is a main land laws for all the states in Peninsular Malaysia. However there are other laws that are used in the management of land. Among them are: Land Acquisition Act, 1960 Land (Group Settlement Area) Act, 1960 Small Estate (Distribution) Act, 1955 Malay Reservation Enactment -
When the National Land Code be enforced?
National Land Code 1965 came into force on January 1, 1966 (through LN 474/1965) in all states in Peninsular Malaysia. Sabah and Sarawak use their own land law itself. The practice of National Land Code 1965 has resulted in several land laws in force before January 1, 1966 are repealed. List of laws that had been repealed are in Eleventh Schedule of the National Land Code. -
What is the land management system used in Malaysia?
Land management system used in Malaysia is the Torrens System. This system originated from South Australia. This system is named after Sir Robert Torrens who introduced it in South Australia at 1858. -
What is the benefit with Torrens System?
Benefits of Torrens System are as follows::
- Everyone who owned land will hold a clear document of title, guaranteed by the government. Document of title contains information on all conditions and interest involve of the land.
- Each person can trade in land by registration of memorandum stereotypes easily without requiring complex and expensive search through the previous documents.
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Land ownership and rights of all persons who held the lease or charge can not be denied.
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What is National Land Code (KTN) 1965?
National Land Code (KTN) has been enacted in accordance with Article 76(4) Federal Constitution on 18 September 1965. The purpose is to provide a uniform land holding and management system in all eleven states in Peninsular Malaysia. -
Is there a limit to the power of the National Land Code?
Although the National Land Code is the main land law, but it could not overcome some of the other land laws, namely:
- Terengganu Settlement Enactment 1856
Apart from that the provisions should not be used if it is contrary to the provisions of any law relating to:
- Customary Land
- Malay Reservation Land
- Mining Land
- Sultanate Land
- Waqaf or "Baitulmal" Land
- Padi Cultivators Act, 1967
- Kelantan Land Settlement Ordinance, 1955
- Land (Group Settlement Area) Act, 1960
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Any law on the exemption from land revenue payment
