tag:blogger.com,1999:blog-9157433891641960151.post1117271603515105120..comments2023-08-12T20:22:31.487+08:00Comments on Legal in Malaysia: Court Case: Indefeasibility of Title under Malaysian National Land CodeIrzuanhttp://www.blogger.com/profile/12404187463967326942noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-9157433891641960151.post-82147501372255057202011-09-29T15:14:41.718+08:002011-09-29T15:14:41.718+08:00Subject to the exceptions under the doctrine of in...Subject to the exceptions under the doctrine of indefeasability of title (under the Torrens system now being gradually adopted in Malaysia) the High Court declaration is valid in favour of the incoming purchaser at a mortgagees auction for value with notice. The exceptions are fraud etc as enumerated in the relevant statutes.<br /><br />Acker BilkAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-9157433891641960151.post-87165401600849393132011-08-20T16:56:55.961+08:002011-08-20T16:56:55.961+08:00Kamarul I find the order of things well laid out b...Kamarul I find the order of things well laid out but am unsure of certain aspects of the explanation you have provided above. Please assist and correct if my understanding of your explanations are therefore correct. <br /><br />A tenant under a lease is seeking to challenge the title of the owner of land on which he is tenant and that too at the expiry of a valid (registered?) lease?.<br /><br />Other issues should not arise unless in the first instance the tenant has standing to bring such a claim or challenge to the title of the landowner or am I wrong?<br /><br />I do not practice in the area of Malaysian property law but am in a different jurisdiction where the British common law prevails as it does in Malaysia with certain exceptions. Title where I am is based on the Torrens system.<br /><br />On my understanding and reading of the Malaysian land title system, title once registered gives the owner of a registered right an indefeasible title to all right title and interest as appears in the face of the record of the register. Where a challenge arises it has to be specific in the pleadings identifying the nature of the challenge and submitting together with the pleadings appropriately admissible evidence to support the challenge. <br /><br />As you have quite clearly articulated above, the exceptions to indefeasability of title are as provided under the act (outlined above). There will surely also be those exceptions not stated in the act which include an act of state such as resumption and forcible acquisition of land by the state under an enactment. But thats nt the point and I digress.<br /><br />Now what is the power or authority of a High Court declaration in a dispute over land where the declaration sought and obtained provides clearly and unequivocally that the purchaser of land at a mortgagees auction for valuable good consideration with notice is the lawful owner of that land. Can the previous owner now disentitled obtain an injunction from the Court of Appeal to prevent the new owner with indefeasible title from entering into occupation of that land?<br /><br />HavelockObserverhttps://www.blogger.com/profile/08045831002965202598noreply@blogger.comtag:blogger.com,1999:blog-9157433891641960151.post-56401185193104990812011-08-03T10:01:44.751+08:002011-08-03T10:01:44.751+08:00Anonymous,
1.
Nothing much can be done in your si...Anonymous,<br /><br />1.<br />Nothing much can be done in your situation as there is no written agreement.<br /><br />2.<br />However, you can start by tracing the family member of the deceased.<br /><br /><br />Messrs. Irzuanbaristahttps://www.blogger.com/profile/07453908257720047945noreply@blogger.comtag:blogger.com,1999:blog-9157433891641960151.post-11811832370896000942010-12-20T17:51:41.066+08:002010-12-20T17:51:41.066+08:00my late grandfather had purchased land from somebo...my late grandfather had purchased land from somebody very long time ago. unfortunately there was no written agreement between them and the transaction was incomplete as the vendor return back to his hometown somewhere in Indonesia. I believe he already passed away.What should I do?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9157433891641960151.post-4134845472154867232010-12-14T11:58:04.852+08:002010-12-14T11:58:04.852+08:00what is the name of the case?what is the name of the case?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9157433891641960151.post-28764520531498388072010-10-11T13:46:32.754+08:002010-10-11T13:46:32.754+08:00Unless the son has a registered interest on the la...Unless the son has a registered interest on the land, he cannot stop the father from re-charging the land to the bank. Legally, yes the father can take action against the son for depriving his rights and enjoyment of his property.Irzuanhttps://www.blogger.com/profile/12404187463967326942noreply@blogger.comtag:blogger.com,1999:blog-9157433891641960151.post-49166635131202791382010-10-11T10:32:59.038+08:002010-10-11T10:32:59.038+08:00what is the consequences of force-possession of th...what is the consequences of force-possession of the land title...lets say after discharging it from the bank...son keeps it to prevent father from re-charging it...can the father as the rightful landowner sue the son?Anonymousnoreply@blogger.com