Indefeasibility Of Title Malaysia

Land law indefeasibility. 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. 2 the title or interest.

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Registration to confer indefeasible title or interest except in certain circumstances.

Indefeasibility of title malaysia. Immediate indefeasibility means that an immediate purchaser of title interest will have indefeasible title notwithstanding that the title interest was obtained pursuant to vitiating circumstances. Indefeasibility under the national land code 1965 the relevant parts that concern the principle of indefeasibility in malaysia is spelt out in section 340 of the nlc as follows omissions made for brevity section 340. Land law malaysia indefeasibility of title indefeasibility of title. Deferred indefeasibility means that subsequent purchasers of land acquired by.

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. Court held that mr. In peninsular malaysia the law governing land matters is embodied in the national land code 1965 nlc. The relevant parts that concern the principle of indefeasibility in malaysia is spelt out in section 340 of the nlc as follows.

A tale of bona fide purchasers and indefeasibility of title definition. 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. 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. Meaning of good faith introduction in peninsular malaysia the law governing land matters is embodied in the national land code 1965 nlc.

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. Registration immediately establishes indefeasibility except in cases of fraud. Malaysia adopts the torrens system of registration in relation to our land law. 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.

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. Walker had an indefeasible title as he was a bona fide purchaser for value without notice.