Indefeasibility Of Title Malaysia

In 2010 the federal court in tan ying hong v tan sian san ors 2010 2 mlj 1 held that the proviso in section 340 of the national land code nlc conferred deferred indefeasibility on subsequent bona fide purchasers for value. Torrens title is a land registration and land transfer system in which a state creates and maintains a register of land holdings which serves as the conclusive evidence termed indefeasibility of title of the person recorded on the register as the proprietor owner and of all other interests recorded on the register. Section 340 of the nlc is the section which confers indefeasibility of title or interest on a bona fide purchaser for valuable consideration.

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Therefore it would be misleading to say that the register is.

Indefeasibility of title malaysia. Meaning of good faith introduction in peninsular malaysia the law governing land matters is embodied in the national land code 1965 nlc. Land law indefeasibility. Exceptions to indefeasibility of title.

Tan then referred to the paper entitled basics of indefeasibility under the national land code presented by professor teo keang sood stated that it is also crucial to note that section 340 2 does not provide that any interest subsequently granted by an immediate registered proprietor with a defeasible title is also liable to be set aside as being an interest subsequently created out. However the concept remains the same. The nlc provides for the torrens system of title by registration it is the act of registration that confers title to or interest in land.

An interesting reading with respect to the concept of indefeasibility of title is the case of kamarulzaman bin omar ors v yakub bin husin ors 2014 2 mlj 768 wherein the federal court affirmed the doctrine of deferred indefeasibility in malaysia and emphasised that section 340 3 of the nlc is applicable only to a subsequent bona fide purchaser for valuable consideration. Indefeasibility of title may sometimes be referred to by different names for example conclusive title. Deferred indefeasibility means that subsequent purchasers of land acquired by.

The judge ruled that the company that subsequently bought the land did so in good faith and therefore acquired an indefeasible title which means its ownership of the asset cannot be annulled even though the woman was a blameless victim of fraud. There are exceptions to the concept of indefeasibility of title which vary from each state and territory. 2 the title or interest.

A tale of bona fide purchasers and indefeasibility of title definition. Section 340 2 national land 1965 though provided for some exception to it prompting some writers to define it as to mean malaysia practised deferred indefeasibility of title. Though it is true that once registered the title becomes indefeasible there are very clear exceptions provided for under the nlc.

The relevant parts that concern the principle of indefeasibility in malaysia is spelt out in section 340 of the nlc as follows. One of the main feature of our torrens system is indefeasibility of title which means once the land is registered as your no one can say it isn t. Ownership of land is transferred by registration of a transfer of.

These disputes relate to a land scam that resulted in a woman losing her property.