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 Transferring bumi-lot to non-bumi, Is this possible?

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TSzigot14
post Feb 12 2011, 10:39 PM, updated 15y ago

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Uncle is getting a property but it is a bumi lot.

But lawyer and agent advised that it is possible to transfer the bumi lot to non-bumi.

I just need to verify if this is true and what are the chances?
How long does this process usually take?

Thanks.
Seager
post Feb 12 2011, 10:48 PM

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I heard that this is possible, but very time consuming. This also depends on the efficiency of your lawyer.

I remember a family member of mine wanted to buy a bumi lot some time back. Paid down payment, and waited about 6 months, nothing happened.

Down payment refunded.

I'm not saying it's impossible, it's just that you have to go through a lot of hassle.



This post has been edited by Seager: Feb 12 2011, 10:49 PM
^chalaza^
post Feb 13 2011, 12:12 AM

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upfront will be rejected but upon appeal possibly can go through.
yes the whole ordeal will depend on efficiency and experience of ur appointed lawyer, so choose carefully.
spikyz
post Feb 13 2011, 12:16 AM

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it is possible. and on newspaper back then, they mentioned something about selling bumi lot to non bumi to help developer sell the unsold unit.
Seremban_2
post Feb 13 2011, 12:39 AM

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QUOTE(Seager @ Feb 12 2011, 10:48 PM)
I heard that this is possible, but very time consuming. This also depends on the efficiency of your lawyer.

I remember a family member of mine wanted to buy a bumi lot some time back. Paid down payment, and waited about 6 months, nothing happened.

Down payment refunded.

I'm not saying it's impossible, it's just that you have to go through a lot of hassle.
*
100% true. You must be prepare to loss your legal fees if the transfer don't go through.

I remember there is a discussion at lawyer corner, the authority quite strict on the transfer bumi lot to non bumi lot and protect bumi.

If the property is a condo and the document stated freehold, you must find out whether the developer allow to transfer the property. The lawyer need to get approval from the developer and alot of confirmation from developer.

The property is a condo or landed property????

Landed you can forget about it.
Seager
post Feb 13 2011, 12:44 AM

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Haha, in my case, it was a landed property.
First application was rejected, the second took way too long.

Somehow we managed to withdraw the second application and get back the downpayment.
TSzigot14
post Feb 13 2011, 12:53 AM

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It's a condo. The property is 15 years old already tho, buying from another bumi owner. Does this affect anything?
Seager
post Feb 13 2011, 12:57 AM

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I'm not sure, but i definitely know people tend to get in a lot of hassle when dealing with landed bumi lots.

Not too sure about condominiums though, might be an easier task, might not. If your uncle thinks it's worth the wait and hassle, then go ahead with it.

All the best! smile.gif
register999
post Feb 13 2011, 01:34 AM

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definitely cannot..

Pai
post Feb 13 2011, 11:54 AM

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wink.gif
QUOTE(zigot14 @ Feb 13 2011, 12:53 AM)
It's a condo. The property is 15 years old already tho, buying from another bumi owner. Does this affect anything?
*
On paper its not tranferable.........but in this particualr case I suspect this transfer will go thru....... wink.gif
wl_n
post Feb 13 2011, 12:06 PM

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QUOTE(zigot14 @ Feb 12 2011, 10:39 PM)
Uncle is getting a property but it is a bumi lot.

But lawyer and agent advised that it is possible to transfer the bumi lot to non-bumi.

I just need to verify if this is true and what are the chances?
How long does this process usually take?

Thanks.
*
I have bought an old bumi shop lot 2 years back and the transfer involved Land Officer and State Menteri Besar's consent. Transfering is possible but with risk involved. Make sure your lawyer has strong connection to deal with all the authorities involved. Your lawyer can tell you the chances and estimated duration of the process. Process may take months or year. Even new condo bumi lot can be transfered to non bumi whereby the delevoper will make all the arrangement for you. In this case, you only pay booking fees and get refund if the deal dont go through. So, no risk involved. Good luck.

This post has been edited by wl_n: Feb 13 2011, 03:35 PM
clanzkiller
post Feb 13 2011, 02:29 PM

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Is possible bro..
a condo with 15 years, regardless of fh/lh, u will need consent from the developer at first.
Some developer they count bumi-lot by ratio, normally 10% of total units, didn't actually fix which are bumi and which are non. If by ratio, it will be easier, but time consuming will be your main concern. Expected will be 6 months if u're lucky, otherwise, 1 years+.

Some developer fixed the unit as bumi and non. In which, this is troublesome, process may take up to 1-2 years+.

I supposed you will need to pay your legal fee for the search, appeal, etc legal services even though if you pull out from the deal.

Make sure you did mentioned on your offer to purchase form regarding if transfer unsuccessfully due to rejected of transfer bumi to non-bumi, u will get back your downpayment. Otherwise, things might change, which happen most of the time, that u got no written evidence stated u can get back the deposit.




malaysiaku
post Apr 7 2011, 09:10 AM

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good morning to every / k /

lucky got thie thread,

i just wondering,

if buy + can transfer bumi lot, do i pay full price or with the discount on the bumi lot?

or pay with market price?

icon_question.gif

kinda confusing for this bumi lot issue.

please enlighten me.

i know if buy land, from bumi to non bumi need approval from menteri besar only can pass.

for bumi to non bumi housing chances is very very slim right? ( as mentioned on how GOOD ur lawyer n connection )

if buy condo/apt/low cost house of bumi lot also go thru same process also?
especially with the auction unit?
icon_question.gif

thank you

notworthy.gif







michaellee
post Apr 7 2011, 09:31 AM

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[quote=malaysiaku,Apr 7 2011, 09:10 AM]good morning to every / k /

lucky got thie thread,

i just wondering,

if buy + can transfer bumi lot, do i pay full price or with the discount on the bumi lot?

or pay with market price?

kinda confusing for this bumi lot issue.

please enlighten me.

i know if buy land, from bumi to non bumi need approval from menteri besar only can pass.

for bumi to non bumi housing chances is very very slim right? ( as mentioned on how GOOD ur lawyer n connection )

if buy condo/apt/low cost house of bumi lot also go thru same process also?
especially with the auction unit?
icon_question.gif

thank you
[/QUOTE]

Ok you are bringing up quite a few issues here and have been mixing with different concept.


First you need to know the difference between rizab melayu and lot Bumiputra. Land are usually rizab melayu and housing units ( landed or high rise) Bumiputra. For the transfer of rizab melayu, it comes under national land code and needs ex co approval. In order for exco to approve they need to find a replacement non-Malay land which is nearly impossible. Even if only one exco disapprove, you lose the case. Let us not comment on any under the table transaction.

Transfer of bumi lot to non bumi is relatively easy and with the right lawyer and runner, transaction would normally complete in 6 months. Success rate ver high. Only the signature of mentri bread is needed instead of the whole ex co.
notworthy.gif
*

[/quote]

This post has been edited by michaellee: Apr 7 2011, 09:34 AM
malaysiaku
post Apr 7 2011, 09:45 AM

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hie there michaellee,

thank you for your explanation.

now i understand better and learnt new thing.

hahaha.

are u an agent?

thumbup.gif
baharinsav62
post Apr 7 2011, 10:02 AM

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QUOTE(zigot14 @ Feb 13 2011, 12:53 AM)
It's a condo. The property is 15 years old already tho, buying from another bumi owner. Does this affect anything?
*
If 15 years old, strata title should be out already. If so, no need developer's consent.
From strata title, check sekatan kepentingan. If no sekatan kepentingan, no problem selling to non-bumi.
If got sekatan kepentingan e.g. lot khas/rezab untuk orang Melayu/bumiputra, then very difficult to tranfer ownership from bumi to non-bumi.
If leasehold, have to get State consent.

michaellee
post Apr 7 2011, 10:30 AM

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QUOTE(baharinsav62 @ Apr 7 2011, 10:02 AM)
If 15 years old, strata title should be out already. If so, no need developer's consent.
From strata title, check sekatan kepentingan. If no sekatan kepentingan, no problem selling to non-bumi.
If got sekatan kepentingan e.g. lot khas/rezab untuk orang Melayu/bumiputra, then very difficult to tranfer ownership from bumi to non-bumi.
If leasehold, have to get State consent.
*
Just curious, since when/which state needs consent for leasehold land? Thanks.


Added on April 7, 2011, 10:31 am
QUOTE(malaysiaku @ Apr 7 2011, 09:45 AM)
hie there michaellee,

thank you for your explanation.

now i understand better and learnt new thing.

hahaha.

are u an agent?

thumbup.gif
*
No problem. A forum is a place where we learn new things. I am not an agent. wink.gif

This post has been edited by michaellee: Apr 7 2011, 10:31 AM
baharinsav62
post Apr 7 2011, 10:52 AM

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QUOTE(michaellee @ Apr 7 2011, 10:30 AM)
Just curious, since when/which state needs consent for leasehold land? Thanks.

*
For leasehold land, before transfer of title between 2 parties can take effect, consent from the State Authorities is needed. As land matters are State matters under the Federal Constitution, all states have this ruling. That's why, in any leasehold land title, there is a clause in the sekatan kepentingan, stating something like " tanah ini boleh dipindahmilik, dipajak atau digadai setelah mendapat kebenaran Pihak Berkuasa Negeri".



michaellee
post Apr 7 2011, 11:11 AM

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QUOTE(baharinsav62 @ Apr 7 2011, 10:52 AM)
For leasehold land, before transfer of title between 2 parties can take effect, consent from the State Authorities is needed. As land matters are State matters under the Federal Constitution, all states have this ruling. That's why, in any leasehold land title, there is a clause in the sekatan kepentingan, stating something like " tanah ini boleh dipindahmilik, dipajak atau digadai setelah mendapat kebenaran Pihak Berkuasa Negeri".
*
You are right in pointing out that sekatan penting but as far as I know, I don't think the transfer of leasehold land should be any longer than freehold and normally the so called state approval is a rubber stamp thing. But just to be on the safe side, I will double check with the lawyers. I have bought a few leasehold properties, the time taken for completion is quite fast. Definitely within the 3+1 month.
malaysiaku
post Apr 7 2011, 11:18 AM

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QUOTE(michaellee @ Apr 7 2011, 12:11 PM)
You are right in pointing out that sekatan penting but as far as I know, I don't think the transfer of leasehold land should be any longer than freehold and normally the so called state approval is a rubber stamp thing. But just to be on the safe side, I will double check with the lawyers. I have bought a few leasehold properties, the time taken for completion is quite fast. Definitely within the 3+1 month.
*
wah, u so keng,

few leasehold property in ur hand...

need to call u sifu d...

mind be my mentor?

hehehe...

serious man

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