Thursday, November 6, 2008

Answer to email question: transferring of property

Hi,

Theses answers are referring to last post (questions asked via email). So you need to read first the questions before reading these answer (otherwise you wont understand, hehe)


 

Facts:-

  1. Sender's parent and sister owned a business which was closed due to no business activity
  2. Sender's mom caveat family property (God knows why), I make my own presumption that it involves lands or house i.e. non moveable property
  3. Sender's father not satisfied, both mom and father has their own lawyer

Questions and answers (in italic):-

  1. Is that the person who caveat the property has the only right to remove the caveat by signing the "Removal of Caveat" Form? No, any other 'interested person' who has been aggrieved by such caveat may apply to remove the caveat. Interested person means, person who has locus standi /beneficiary / registered title in the property. Apply to remove the caveat may be done through due process of law, in court.


     

  2. OR, any two directors of the company can have it done by supplying a signed "Company Resolution"(without "Removal of Caveat" Form)? Any action done by a company should have a proper director resolution to authorize such action, for example a resolution is needed before the company enter into any agreement. But for the purpose of removing the caveat, a director resolution per se is not enough. If the removal is to be done by the caveator (mom) than she has to fill up a removal of caveat form (form 19G) and file at the relevant land office or PTG, if it is to be done by the company (for example the land under company's name) than a director resolution is needed before applying to court to remove the caveat (by court order).


     


     

  3. Question 3 has been answer above


     

  4. As I know, if want to transfer a caveat property, the person will need:

    a) Transfer Form (Form 14A?).

    b) Company Resolution.

    c) Nominee Letter provided by the law firm.

    d) "Removal of caveat" Form


     

    Nobody can transfer a caveated property before first remove the caveat, yes it is correct to use form 14A (transfer form) to transfer the property, you will nedd a company resolution or director resolution before executing the transfer form. Lastly, what is the purpose of having the nominee letter?? (perhaps, the sender's facts is not completed so that I cannot understand properly the situation)

11 comments:

  1. I have a caveat question. I bought a condo unit and the developer failed to deliver after 36 months. I am afraid that he might abandon the project. I know he has a piece of land purchased for his next project. Is it possible for me to get a caveat on this land? Would appreciate your advise. Thanks

    ReplyDelete
  2. Recently i wanted to sell my condo. My friend ( a freelance property agent) told me that he might have a foriegn buyer, arrangement had been made between them, my friend had used his own money on behalf of his client as the earnest money but unfortunately the purchaser withdraw his interest in purchasing the unit. We did not put it on documentation when i recied the money, i felt pity for my friend when he had to used his own money, we decided to sell to another party & return the money when we recieved the earnest money from the new interested buyer. Few days after that we had found an interested buyer, we sign & recieved the money, unfortunately on the same day my wife without consulting with me went to sign s&p with my friend (the 1st party) because he decided to buy the unit for himself. I emmidiately when to return the moneyy to the 2nd party & apologizes for the inconvinience & they demanded i pay double what they had paid as a penalty. i had to agree as it is shown as part of the terms
    & cond of the reciept. i had requested 2 weeks to make payment but in the other hand they demanded that they wishes to proceed with s&p and willing to put caveat on the property untill we sign it.. I felt that they pushing me to a wall. from the time it had happened its been 2 weeks & the 1st party at this time has made arrangement with the banks & has i assumed had put a caveat untill the transfer. Can the 2nd party put another private caveat? to stop me from selling to the 1st party?

    ReplyDelete
  3. I sold a property to A, A could not meet his obligations under the S&P, as a result the agreement fell null & void after the 4th month and the purchaser did not contact me for a long time. Recently ( after 3 years) he came back to me saying he wanted the property. He asked me whether I received anything from the court as he had placed a caveat on the property.
    My question is: 1.

    How is he able to place the caveat when the S&P he has to surrender all rights if he is unable to settle in by th 3+1 settlement period?

    I have not reeived anything from his solicitors or the court to say that a caveat was logded but if there was how can I remove it ?

    ReplyDelete
  4. How do I file a caveat for a property in Malaysia? Can I do it myself at the land office and how many copies of the caveat form that I need to present for registration?

    ReplyDelete
  5. I a married to a foreigner and we have a house that is under my name,I am proceeding my divorce on grounds of abuse and domestic violence.I am a bumiputra Muslim and my husband is now back in uk.I move to the uk to rebuilt my life with him hoping that he will change,I have a son with him and has since left him due to the abuse that came to a point of me being depress n suicidal.I am now receiving counselling from the women orgarnisation group to help me cope with my well being.My husband is trying to put a caveat on the property in Malaysia.The house is under my name and has been fully settled.Can he put the caveat on the house the grant is in my name and my solicitors is getting the discharge of the property.I am married under the shariah law and the also under the civil law in the uk.Please advise

    ReplyDelete
  6. Dear Anonymous,

    1.
    He may file a caveat on the ground that both of you were spouse and in the midst of divorcing.

    2.
    There is a possibility for the court to make an order as to the division of the house if your husband also contributing to the purchase of the house.

    3.
    The rational for allowing caveat to be entered upon the said property is to ensure the properti is not transferred to someone else, until the disposal of the divorce proceeding.

    regards

    Khairul Aiman
    Messrs Irzuan

    ReplyDelete
  7. The system of giving S&P after receiving 10% payment is nonsense. Buyer can caveat with it and this complicate matters when he does complete the Sale and Purchase latr.
    In Singapore, S&P is only signed by the Seller on completion date (i.e. end of 3 months) and in exchange for the balance 90%payment. The 1st 10% is payable for the option-to-purchase to the purchaser. He can't file a caveat based on that.

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  8. i had bidded a house in auction house on 3 rd march. when my lawyer wanna do release only they found that got somebody lock caveat on january. i had already paid the 10% down payment ,development fee owe by the owner,quit rent ,assessment,electric and water bill,lawyer fee. until now the case still pending because they couldn't find the fellow who lock caveat! if i want to cancel , can i get claim back all my money ?thanks .pls reply me as soon as posible.

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  9. Hi How much would it cost and what document i need to place a caveat on a property

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  10. dear anonymous, you must have interest in the property according to section 322 National Land Code. then, the for the cost please contact Land Office where the property located.

    ReplyDelete
  11. hi anonymous, based on your comment on Oct 28 2011, we advise you to consult your lawyer about your issue because it's unethical for us to do so. sorry for the late reply.

    ReplyDelete