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Division of Land - Coggle Diagram

- - - - Ku Yan bt Ku Abdullah v. Ku Idris b. Ku Ahmad: If the majority shareholder wishes to partition but any one of co-proprietor refused to do so, they can straight apply to court and not necessary to the LA.
        s141A does not compel co-proprietors having majority share in a piece of land ito apply to LA for approval to partition of land, it is merely a permissive section.
      - In contrast,
        Subramaniam & Ors v Inderjit Kaur d/o Karnail Singh & Anor: Whether a co-proprietor for a piece of land, who was also the holder of a majority share in that land, could apply to the court for the partition of the land pursuant to s 145(1)(a) NLC?
        If the holder of the majority share who wanted the land to be partitioned, they had to comply with the provisions of the NLC dealing specifically with such a situation, ie S 141A read together with S 142 NLC.
        s145(1) is for minority holders intends to apply to LA for partition but one of co-proprietor refused to consent to it. This applicant must first satisfy the court that he did not get cooperation of the co-proprietors.
        So, first, apply to LA under s141A. They are not required to obtain consent of other co-proprietor as stated in s142(1)(e). If application for partition is rejected by LA, may come to court to appeal under s418 NLC which gives right to appeal to party aggrieved (treated unfairly) by the decision of the Registrar/LA. In that, they must apply direct to the court for partition.