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Re: Status Of Title to House in Ampang Jaya (Izzah &Co), - - Coggle…
Re: Status Of Title to House in Ampang Jaya
(Izzah &Co)
Legal issue 1: Whether Tuan Haji Mustafa have successfully applied for the extension of leasehold title under S.90A of the NLC??
Provision: Section 90A of the National Land Code (Procedures for application of Extension of land alienated for a term of years)
90A(1): Application to the State Authority in order to extend the lease for a further period.
90A(2): Made before the expiry of the term specified in the title.
90A(3): Endorsement of register document of title by Land Administrator.
90A(4): State authority shall entertain the application only if satisfied.
90A(5): The approval or rejection of the application shall be fully at the discretion of the State Authority.
90A(7): The endorsement of the memorial after the completion of the payment.
90A(6): The Land Administrator shall serve a notice in Form 5A after application has been approved.
Provision: Section 88(3) of the National Land Code (Undelivered memorial and new title document)
Provision: Section 90(1) (Issue of issue of title)
Legal issue 2: Whether you can bring a claim against the land office?
Sub issue: Whether there was negligence in disposing of its duty?
section 300(1) of NLC.
(The Registrar shall not enter a second registration until he has settled the earlier one.)
Mohammad bin Buyong v Pemungut Hasil Tanah Gombak, in this case, although the instrument of transfer to the appellant had been presented and recorded in the Presentation Book, it had not been registered and therefore the appellant cannot claim indefeasibility under section 340 of the National land code since the facts revealed that there was no registration.
Sub issue: Whether there was a breach of statutory duty
Section 8 of 14th schedule
Computerized Land Registration System
Case: case: Shayo (M) Sdn Bhd v Nurlieda
Provision: Section 340(2) of NLC stated the exceptions of indefeasibility of title
Among the circumstances that may fall within the exceptions is the statutory vesting of the land that is ultra vires the statutory power
Should be disqualified from the protection under section 22 of NLC
not act in good faith
had seriously undermined public trust and confidence in the land authority to maintain a credible and efficient registry
Upon conversion, registrar must make copies of computer printed title, endorse it across the face of the existing register of title, and obliged to deliver it to the proprietor
The power of Registrar is only administrative in nature in which he will proceed with the registration if he finds that the applicant had complied with all the requirements and procedures accordingly
Section 5A(3)(a) of NLC 1965: governing statutory provision on the issue of Computerized Land Registration System in any land Registry
Sub issue: Whether you can claim indemnity against the State Director
In the event of the conversion of manual IDT to computerised IDT was declared to be null and void, you can ask the state director to contribute for whatever losses that had been sustained by them on account of negligence and statutory duty. In the meantime of the process of conversion,
Prove that you had suffered specified losses pertaining to the land.
Case: Tan Ah Chio & Ors v Lua Kim Soon & Ors [2015] 1 MLJ 330
Case: case: Shayo (M) Sdn Bhd v Nurlieda
Sub issue: Who to name as the defendant in an the name of land office
Section 16(2) of NLC 1965
Case: Sagong Tasi & Ors v. Kerajaan Negeri Selangor & Ors
Legal Issue 3: Whether Tuan Haji Mustaffa can bring a claim against En. Razman under S.340(1) of the NLC?
Sub issue: Whether Razman can claim for protection as a bona fide purchaser under the proviso of S.340(3)?
Provision: Section 340(3) NLC: A subsequent purchaser cannot automatically claim to be a bona fide purchaser for value without notice and protect his title as being indefeasible.
the case of Shayo (M) Sdn Bhd v Nurlieda by Sidek & Ors where the issuance of the impugned computerized issue document of title was without doubt due to a grave failure by the land authority to adhere to the strictmandatory provisions set out in the 14th Schedule of the NLC. As such theissuance of the computerised issue document of title was ultra vires andunlawful with the effect that any other instruments executed thereon wouldalso be void and liable to be set aside at the instance of the plaintiff as therightful registered proprietor
As can be seen from the above analysis of the cases, the land title would be void ab initio, if the land authority had in flagrant violation of its responsibility under the NLC unlawfully registered any land in the register document of title and issued the replacement issue document of title in the name of a third party. We should note that it would be a different thing if the present case were such a situation.
Case: Liputan Simfoni [2018] 1 CLJ 61
Sub issue 1: Whether or not Razman's title is indefeasible
Provision: s 340(3)(a), where the title or interest of any person is found to be defeasible due to exceptions in s 340(2), such title or interest can be set aside in the hands of any person or body to whom it may subsequently be transferred
Case: Datuk Jagindar Singh & Ors v Tara Rajaratnam [1983] 2 MLJ 196
Sub issue 2: Whether Tuan Haji Mustafa can defeat Razman's title under S.340(2)(c)
Circumstances that may come within this exception include the following
1) Statutory vesting of land that is ultra vires the statutory power
2) Where registration of title or interest is obtained through non-compliance with the statutory requirements of the NLC
3) the acquisition of the land under an invalid power of attorney
Case: Rajamani Meyappa Chettiar v Eng beng Development Sdn Bhd &Ors
Case: UMBC Bhd. v Syarikat Perumahan Luas Sdn. Bhd. (No.2) [1988]
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