Can, but it is better to get a third party and get it transferred in favour of the third party.

Once he turns 18, he would need to appoint a lawyer to draft the transfer documents to do the necessary to register his name as the registered proprietor.

If the father refuses, he can be cited for contempt of Court and be punished accordingly - even imprisonment.


Depends from lawyer to lawyer. There's no fixed rate.

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Added on March 26, 2012, 5:47 pmUse the legal fees calculator at the first page to find out the scaled fees based on SPA price and stamp duty upon instrument of transfer. Add in roughly RM1K for disbursements.

You can also compare with the many samples in v1 of this thread.




This post has been edited by dariofoo: Mar 26 2012, 05:47 PM

Hard to say. How efficient is your lawyer, the lawyer for the other side, and the land office staff?

The lawyer has the right to demand for payment upfront. Normally it is like that. Once all is done and you don't pay then how? I would say in 90% of cases where lawyers act for purcahser payment of fees is collected upfront.

Why you feel it is expensive? Have you compared with another quote? Don't just jump to conclusions. Otherwise, ask the bank to appoint another lawyer for you. Get another quotation.

More than halfway through. What it means is that the redemption sum has been paid and the vendor's loan has been redeemed (settled). So now the vendor's bank has to execute the discharge of charge and return it together with the original title and other documents to the purchaser's financier's lawyer.

Yes the last part would be the handover of keys once the balance purchase price has been paid by the purchaser's financier to the vendor. Normally it would be 3-5 working days after receipt of the cheque as it would take time to clear.

What was the notice sent? Is it a sdn bhd? Was the notice sent to the registered address?

Even though the tenancy agreement says that you can "take back the premises" does it go further and say that you can break the locks? Is the premises locked at the moment with a lock placed by the tenant?

Check the geran to see if there are any restriction in interest - sekatan kepentingan/syarat-syarat nyata. Is this tanah FELDA? From what little I know, most GSA land are leasehold and there are restrictions on transfer/lease/charge - you need consent from state authority. Some has restrictions against transfer/lease/charge to non-bumi. Is this company bumi or not? Check first.

It is not advisable to surrender all those documents to them for one reason - there are a lot of scam cases where people who possess those documents claim to have consent by the owner to sell it on their behalf. They then collect deposits paid in their favour and then disappear. The buyers will then hunt down the owner and harass them to complete the sale or pay compensation. More so in cases of agricultural land. Anyone can attend at the land and show it to the prospective buyer.

If you give it to them, what will stop them from misusing it, or give to another party to misuse it? Am not alleging them, but am just telling you of the possibility of it.

In any event, items no.4 and 5 should not be given because if the owner dies (am assuming your friend is a Muslim) - his property will be distributed according to faraid. Even if he writes a will only 1/3 of the property can be devised. So, any so-called letter of authorisation/appointment of pewaris would not be valid.

One last piece of advice - your friend should do some due diligence on this company as well (after checking the geran for sekatan kepentingan/syarat-syarat nyata). A company search can give you some info on them. Or ask for their company profile and company registration documents. Shouldn't they give you the documents first before you give them the documents for the land? They want to lease it, so they ought to show that they are genuine.

Of course. It is for them to prepare the draft SPA right?

No. It'll count as first since you've settled the intital one.


No. This will now count as your second only.

You can't enter a private caveat on your own land. Otherwise it would be Registrar's Caveat but that is difficult to get and if for "fear or worry", that is not good enough reason for the registrar to allow one to be lodged.

Best bet is not to give the docs but it appears that you have done so. It doesn't matter whether scanned or not once it is printed out, it looks as good as a photocopy,right? Oh well..

Normally in such arrangements, the SPA will state the higher price, but in the SPA it would state that you have received a further 10k as deposit/part payment. Or a letter of acknowledgement of payment is issued by you to the purchaser confirming that a further 10k has been paid.

Later when the balance purchase price is received, 10k goes to the purchaser.

In such arrangements, the purchaser has to agree to bear the difference between the 10k increase of RPGT. If he doesn't agree, then the deal would not go through. He can't expect you to pay for it when he benefits from the 10k increase.

There's nothing to protect you as the seller, it is more to protect the purchaser so as to prevent you to turn around and claim that the balance purchase price is 90% of 110k and not 90% of 100k which is the actual situation.

That's all.

If you really want to follow the black letter of the law you need to:

1. Give 1 month's notice for the tenant to surrender VP to you;
2. Serve it at the registered address.
3. After that, appoint a lawyer to file a suit in Court for VP with damages (unpaid rent);
4. You can get your order fast - the lawyer has to file a certificate of urgency. Most likely the tenant will not show up so you obtain a judgment in default
5. Serve the order at the registered address.
6. Most likely tenant would still not have any response, so you need to instruct your lawyer to file a writ of possession [WOP] at the High Court.
7. With this writ, you can effect re-entry into the premises. The Court bailiff will attend together with you and a locksmith. Once you've gone in pursuant to the order for WOP, you have the right to dispose of his items. He has no right to sue you for trespass to goods.

Any other way, and you can be sued. Very very few landlords use the above method as it is time consuming and incur more costs. So they take the risk of breaking the locks themselves and throwing away the items. Remember that just because the tenant owes you rent does not mean that you have the right to break-in and throw away his things. If he sues you for trespass, he has a good case. Of course you can put in a counter-claim for unpaid rental and other costs, but it doesn't meant that you won't be liable to him for his claim against you. So it depends on whether you think that this tenant would come back to haunt you or if they have actually tutup kedai and disappeared already.

Ask the developer,bro. There's no "usual" time. Some fast, some slow, some never at all til the developer bungkus. If there's no news on strata til now, just go ahead and base it on master title for now, i.e. transfer of ownership via Deed of Assignment.

There's two things - subdivision is out or strata title is out in favour of vendor. If first one, then can still ask the developer to do direct transfer. There might be an admin charge involved which seller has to bear. If strata title is out in favour of vendor, then it also depends on what stage it is at - has it been executed? Has the charge in favour of the vendor's bank been registered together with the strata? Has it been presented? Extracted? Vendor has to provide all the details to you. He can't just ask for 5 months.

'5 months to do what?' should be the question posed back to him.

By right if you think that she has cheated you, you ought to have lodged a police report back then itself. I don't think that you can do anything now. If you want to warn people you can always take a snap shot of the stall and post it online. Just to educate and warn people. If you tell the truth and stick to facts there is no way she can sue you for defamation. If you go to MC he would most likely question you why it took you 5 years to see him and bring out the issue. It doesn't make your story credible in that way.

Yes you can lodge a caveat but what is your caveatable interest? Not everyone can simple lodge a caveat for any reason. Caveatable interest means some right over the property - like putting in 10% deposit or downpayment where you are the purchaser. When you want to lodge a caveat you need to affirm an Akuan Bersumpah where you must state your caveatable interest. Stating that you want to help the owner protect his interest to prevent fraud is not a reason at all. It will be rejected by the land office.

It only refers to things which the vendor has to do. If there is a delay of more than 14 days by the vendor, it does not count to extend the completion date. It means that delay by vendor would not punish the purchaser, as the purchaser relies on the completion date to avoid paying penalty to the vendor.

If that clause is not in, then delay by the vendor will eat up time for the purchaser to complete the transaction. Then every vendor, with an eye to collect late penalty interest, will simply drag matters which are up to them to do, like obtaining the redemption statement.

This clause is quite standard in practice.



You first have to tell me what is the definition of Unconditional Date in your SPA. Different lawyers use different terms.

You can't request the keys unless the balance purchase price has been paid in full. That is the usual way. If the vendor wants to give it to you earlier then it is up to his discretion.

Consent involved, I assume? Sometimes longer.

Yes, time will not run until the developer's confirmation is obtained.

I did not see a clause which fixes the time for the purchaser to write for the letter of confirmation. Some SPAs fix 5-7 days from date of execution of SPA in order for them to do so. This will prevent the purchaser from delaying to write in to the developer, perhaps to buy time to wait until their loan is approved. May happen.

And note the clause where it says that upon termination, you have to bear the purchaser's legal fees as well. That is not commonly inserted.

You can always prepare your own acknowledgement copy and get the lawyer to sign/stamp on it. That would be very prudent. All documents should be served by hand or courier service with acknowledgement.