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propking88
post Apr 10 2011, 08:06 PM

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Hi, I have a question on leasehold properties without title. Is the state authority consent required if I want to sell this kind of property? Or is the State Authority consent only applicable to those leasehold properties where individual title has already been issued? Thanks.
propking88
post Apr 12 2011, 12:12 AM

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QUOTE(dariofoo @ Apr 11 2011, 11:21 AM)
Generally, not all leasehold land require the consent of the State Authority to transfer. The important thing is, when doing a land search, is to look for a column which states Sekatan Kepentingan (Restriction in Interest).

If it is stated TIADA, then there is no need to obtain consent.

If it is stated Tanah ini tidak boleh dipindah milik, dipajak atau digadai melainkan dengan kebenaran Pihak Berkuasa Negeri, then you would need to obtain the consent of the State Authority.
For leasehold properties in Selangor, if it is an individual title for a landed property - then reference has to be made to the title (via a land search) to see if there's any Sekatan Kepentingan as elaborated above. Same rule would apply for a Master Title in cases where strata title for a building has yet to be issued. See what is stated there.

If it is a strata title, then yes, one would have to obtain consent of the State Authority.

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1. Dario thx for ur reply. So for Selangor property with restriction in interest on master title and where strata title is not issued yet, consent to transfer from SA is still required? So the subsaie S&P must have pre-condition that SA consent must be obtained first?

2. What about the consent to charge for the bank loan? Is it given at the same time as the consent to transfer?

3. What if it is kuala lumpur property? Same applies?

Appreciate your kind advice. notworthy.gif



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