You need to go to the land office first and do a search on the area. Take out the plan and see if there is a title on that piece of land first. In Malaysia, the registered proprietor/owner is king and even if you and your ancestors have stayed there since the Ice Age, the proprietor has the right over the property over you. Most likely there would be a title issued already.

thank you so much for providing me such knowlegde

Do u mean the land's title? Of course there is a title for the landowner,however the kampung house erected there, do not has its individual title (grant of the house) but the assessment registered under the house owner i.e the house belongs to us. Those kampung houses are sited on the pc of land belongs to the landowner themself with their consent. In the land office records, I won't know whether there is a plan for those houses. All I know, the new land owner (developer) bought over from the existing landowner who will not compensate us but the new landowner.

Can u conclude that all these kampung houses are squatter houses eventhough with the consent of the landowner who collect a rental fees for occupy at their land?No agreement is made but by mutual consent.

Thanks a lot....thanks

Hi Dario,

I am Chinese and sought a malay friend to purchase a condo in his name but I will pay for it. My questions:

1. Can I make a joint name purchase?

2. If I cannot make a joint name purchase, can I be a guarantor for his loan?

3. What other legal instrument shall I execute to ensure my interest in the property is preserved such as Power of Attorney, etc that will work?

Thank you.

Cheers. Don't forget to insist on the 8% to be placed in a FD (would be under the firm's Client's Account) and the proceeds given to you simultaneously upon receipt of the 8%.

Earlier you asked me 'how to take out title', now you say got title. Then you said different case, but sounds like it's the same case.

Assessment registered under house owner does not mean anything. In fact, why do you even pay assessment when the land does not even belong to you? Free money for the local authorities. Having assessment does not help you to establish ownership of the land. Remember that house and land is different. You may build a house but the land which you have built it upon does not belong to you. You also can't say that the house belongs to you. Whatever sits on the land belongs to the registered proprietor of the land.


If you pay rental and build the house, then you are an 'occupier with consent/acquiscience'.

If you do not pay anything and merely built the house on an empty land, then you are a mere squatter.

An occupier with consent/acquiscience who tries to assert ownership of the land, would still be treated as a mere squatter.

You only paid rental, not a purchase price. So once the property has been sold, then of course it is up to the new owner whether to allow you to continue to occupy the land or otherwise.

With regard to compensation, if the previous landowner had given assurances/consent in writing for you to develop the land, build structures, etc, then you can claim compensation from him for the losses suffered, if the owner merely sold it to a third party and does not want to compensate you for it. What you cannot claim for is to remain on the land. The new owner has exclusive rights over it.

Is it a bumi lot which you're referring to here?

Tq for the advice/consultation given. Cause we are quite "blur"-in the nutshell as we are orang kampung. In the 1st place, old folk is the one who paid the assessment which they "claimed" local municipality insisted to collect some fees from them eventhough no services provided but have some Tar Road(Main) to access to their kampung houses and it is a ownership certification of the house (don't know who told them long ago).

Yes, difference case cause this time we r moving into our 1/2 share land (with 1/2 share title deed)that have a broken house(assessment paid (not the landowner's name)too but from previous" house"owner who move out long ago).Moreover, we move over without the consent of the other 1/2share landowner(sister) who is not aware of it. It is a very complicated case. Need yr kind advice before the other party-sister take any action on us. We are willing to pay the present rental (monthly) of the house which is rented out around RM180/- per month. The rental agreement is signed by my old folk(shareholder of the land) not the other shareholder. Once we move in they will be no more written agreement for the rental cause the other party will not consent.

I can only advise you this far. I would suggest you go appoint a lawyer to advise you further as it does sound complicated.

Hi Dario,

Not a Bumi lot just a normal lot but still enjoy 7% discount for Bumi.

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Added on November 23, 2012, 1:53 pmAnother question Dario, for merely change of name in SNP i.e., from this friend to me, will I incur any RPGT?

This post has been edited by zest168: Nov 23 2012, 01:53 PM

oh yea, there one thing i would like to ask.

Q1 May I know the process of MOT in detail?

Q2 What does it mean adjudicated and stamped MOT? Once the new title given only so-called adjudicated and stamped?

This post has been edited by Louiz: Nov 23 2012, 03:08 PM

Hi may i know what this mean?

(1) Co-proprietors may vote by means of a jointly appointed proxy.

(2) In the absence of a proxy, co-proprietors shall not be entitled to a vote on a show of hands except where a unanimous resolution is required:

Proxy means appoint either one party or third party?

sorry to ask this question if it's a stupid question ...
coz this my first time in this ..


months ago my lawyer submitted the 2% to the LHDN for the CKHT stuff
and today i received a letter from LHDN titled 'pemberitahuan pengiraan dan notis taksiran ckht'
i saw the amount of 'Cukai Kena Dibayar dalam masa 30 hari' in the letter

do i need to pay that amount in the letter?
or the amount in the letter is supposed to be for the 2% thing?

thank you..

Hi Dario got a question. Which side lawyer is responsible for obtaining state consent? Buyer's or seller's lawyer? Thanks in advance sir!

Hi Dario, would like to ask a few questions.

I am going to take a house loan of RM420K. I believe the following calculation is correct.
1) S&P legal fee: 3390
2) S&P Stamp Duty: 7400
3) Loan Stamp Duty: 2100

What I want to ask is, besides the above,
1) is there any other fees that I need to give? For example Loan legal fee (if there is such thing)?
2) lawyer fees?
3) the S&P stamp duty, S&P legal fee, and Loan stamp duty is fixed?
4) for first time home buyers is there a 50% discount on S&P?

FYI the house is subsale.
Thank you!

Once you get the bumi discount the developer would in most, but not all, cases designate it as a bumi lot. You need to check with the developer.

For change of name, it is not just in the SPA. It must be in the title or if there is no title, then a deed of assignment (DOA) must be prepared. If with title, you need to see if the bank consent s to a transfer subject to charge. If without, then refinancing would have to be done as currently, all rights have been assigned to the bank.

You would need to pay full stamp duty upon the transfer as well, so do take that into account.

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Added on November 27, 2012, 12:53 pmQ1: MOT i a memorandum of transfer whereby the vendor transfers all his rights over the property to you. It is officially the Form 14A in the National Land Code.

Q2: A MOT which has been signed by both parties do not have any legal effect, until it is sent for valuation (adjudication by LHDN). LHDN then issues a notice stating the stamp duty payable. Once duty has been paid, the MOT is stamped with the amount. Once stamped, it can be presented for registration, thus making the transfer official. A new title will be issued, stating the purchaser's particulars as the owner of the property.

This post has been edited by dariofoo: Nov 27 2012, 12:53 PM

Proxy would refer to a third party.

That amount is the amount payable, but the particulars of the 2% would have been stated there as well, and a contra be done if the 2% is higher than the tax (which is usually the case). So, there should be another column for that amount. Unless your 2% is less than the amount which you have to pay? If so, then the amount is the top-up amount which you have to pay now. Check properly.

Seller's lawyer.