Yeah but another one jumped on the caveat bandwagon and now TS is having a grand idea of it as well. Am still waiting for him to post the query here,but let's discuss things in general.

The initial question must not be whether you CAN or CANNOT lodge a caveat. The question is WHY.

Why do you want to lodge a caveat? You must have a caveatable interest first, and there must be a probability of the registered proprietor disposing off the property, thus defeating your rights over the property. That is the effect of a caveat. It 'locks' the title, so to speak. The registered proprietor can't deal with it in any manner.

What can the other person do with the title that you want to prevent? He can't transfer the deceased's half-share to his name, as there is no Form 14A [MOT] to give him such right.

If there's a situation where the owner of the half-share, in his lifetime, had executed a few MOTs in escrow (not dated nor stamped) and same has been deposited with the owner of the other half-share, then yes, the fear is there. The possibility is there. Then yes, a caveat would be prudent.

Only then would you go to the question as to WHO can lodge a caveat. In this case, it can be Chong, Muthu or Ali. It has to be the Executor or the Administrator of the deceased's estate, as the case may be. That person would have the capacity to have a caveatable interest over the property. He acts on behalf of all the beneficiaries of the half-share. He can lodge a caveat.

Hi Dario
i just asked my lawyer to draft the supplemental agreement and she said quote We wouldn’t recommend a side letter as it is insufficient for you as the Landlord to pursue recovery.unquote.. 

What do you think i should do?  I definitely want a legal tenancy doc in place...to be on the "safe" side, i just have to put a new one in place? i can just reproduce the old one and get the tenant to sign..its almost 70pgs long..

have you yourself done a supplemental agreement before in similar circumstances as mine? 

Yooo, bro,.. yeah, you have a point there, I get it perfectly - what is there to protect if the grand-uncle has no way to sell-off ? But I was thinking more from the point of possible loopholes somewhere, or even frauds that may take place since the TS mentioned that the grand-uncle and the family kept insisting that the whole piece of land belonged to them. Hence, my instinctive response kicked-in.  , without thinking further.

Anyway, what yo wrote in the above actually reminded me of another thing - I believed if the TS performs a search at the Land Office, he will find his grand-dad's name still in the grant. Then problem solved. 

No need of all these hassles of getting a lawyer, etc.

Hehe, looks like it's just the two of us sparring here about TS' problems, he may not even be reading this.

Your lawyer must have more knowledge of the facts than what you've told me here. What is the duration of the tenancy in the current agreement? 1+1? 2+1? 3?

You see, if it is a 1+1 basis tenancy, if the first year is up, you can have a supplementary letter agreeing to extend it for the second year, subject to an increase in rental of RMx. A simple one to that effect.

But if it has lapsed, i.e 1+1 is over, then you have to draw up a new one, notwithstanding the fact that a tenancy can go up to 3 years at one stretch. You can't create a 1+1+1 with the 'side letter'. Like I explained, this would be illegal as you are trying to evade stamp duty for that extra one year period.

If your 'side letter' is to merely place on record that you are now the landlord, and that the tenant acknowledges it and agrees to deposit the monthly rental into xxx bank account, then by all means go ahead. A lot of people do that anyway. Nothing wrong with that.

But if it is the situation above, follow your lawyer's advice.
You asked a question and then proceeded to answer it yourself 

70 pages is too long! Unless the font size is 70 as well? 

Get a new one done. Simple. Cost won't be too much. If you really pity your tenant and want to be in running to win the Landlord Of The Year 2011 Competition, you can pay the legal fees and stamp duty on his behalf. Nothing wrong with that 

aiya ..good intentions always misconstrued lah...am not into awards ..u are probably? ke ke..

Already a winner of the Hansel & Gretel Award 2011 from Singapore 

Good luck to you 

" Your lawyer must have more knowledge of the facts than what you've told me here. What is the duration of the tenancy in the current agreement? 1+1? 2+1? 3?

You see, if it is a 1+1 basis tenancy, if the first year is up, you can have a supplementary letter agreeing to extend it for the second year, subject to an increase in rental of RMx. A simple one to that effect.

But if it has lapsed, i.e 1+1 is over, then you have to draw up a new one, notwithstanding the fact that a tenancy can go up to 3 years at one stretch. You can't create a 1+1+1 with the 'side letter'. Like I explained, this would be illegal as you are trying to evade stamp duty for that extra one year period. "

Bro,.. interesting explanations in the above, very informative and educational.

Would like to ask here too : can a Landlord draft up a 1 + 1 + 1 agmt, since the maximum is up to three years ?

Can we insert some additional terms and conditions into the Side Letter in the above and these additional Ts & Cs act together in concert with the original Tenancy Agreement ?

Can we insert some additional terms and conditions into the Side Letter in the above and these additional Ts & Cs act together in concert with the original Tenancy Agreement ?

Good morning to all,

I would like to ask if my SPA sign in mth of Feb 2011, purchase price in SPA is RM350,000, 1st home buyer . Do I qualify for the 50% stamp duty exemption on SPA & loan agreement?

  I am the joint winner too ! 

I think that Land TS is too grossed-up in his endeavour grab back his portion of the land. I don't think he visited this thread at all. Sad to say this, but it's his loss if he does not cover things in totality. On the other hand, I am keen if he is able to put in the caveat. His caveat might be rejected for all we know.

Can,but you pay stamp duty for 3 years, but it is basically a yearly tenancy. If I were the tenant, I'd be wary as 1+1+1 allows the landlord to revise the rent every year. Most likely it'll go up right? I mean, which landlord would accept the fact that the prevailing market rental is lower than it was previously? If you don't agree with the revision, you'll be booted out of the door.
You're living (or should I say 'renting') on the edge. When the end of the year comes you'll be like this -> 

I find 2+1 or 3+0 very common and more sensible 

Haha. I thought you bestowed upon me the award 


Caveat will be allowed as it is a private caveat. Land office won't question it as long as the form 19A is filled up properly.

Notice will be sent by the land office to the joint-owner that a caveat has been lodged. He's going to jump. He'll go see a lawyer. Then let the games begin. Perhaps TS will open another thread asking for advice again. Then all those who had advised him to enter a caveat will go like this - 



PS: Wouldn't it be funny if the joint owner opened a thread here as well asking for advice after the caveat has been lodged? 

Hi Bro,.. An agmt with a tenure of 1 + 1 + 1 years will need to pay up to 3 years of Stamp Duty - understood. But what if we increase the rental in the second year with just a piece of Side Letter ? Do we need to bring this letter up to the Revenue Office to pay the additional Stamp Duty too ?

By the way, thank you for that point about not being advisable to use the Side Letter for additional terms and conditions, but perhaps use an attachment. I think that's fine - the attachment can be added into the original Tenancy Agreement, ie stapled together at the back of the agreement.
Which means - there will be a Side Letter mentioneing the new rental and an attachement mentioning additional terms and conditions.

Haha,.. yes, yes, I hereby bestow upon you, Dario Foo, the Hansel and Gretel Award. You are now free to use the Gingerbread House as and when you like       

On the caveat, I thought the Land Office will check first the rights of every would-be caveator before the caveat is executed ?

Morning. Yes, you are entitled to a 50% exemption on the stamp duty on your memorandum of transfer/deed of assignment (as the case may be).