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The National Land Code 1965 came into force on 1 January 1966 (through L.N. 474/1965) in all states in Peninsular Malaysia. Sabah and Sarawak use their own land law. The use of the National Land Code 1965 has resulted in several land laws coming into force before January 1, 1966 repealed. The list of laws to be abolished is contained in the Eleventh Schedule of the National Land Code.
The National Land Code is the primary land law for all states in Peninsular Malaysia. However there are other laws used in land management.
Among them are:
a. Land Acquisition Act, 1960
b. Land Act (Group Placement Area), 1960
c. Small Estate Act (Distribution) Act, 1955
d. Malay Reservation Enactment
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.
08 Apr 2025
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