Hi,

If I only do the MOT (love and affection transaction), shall I still need to pay the stamp duty fee as below rate:

First RM 100,000.00 = 1%
Next RM 100,000.01 - RM 500,000.00 = 2%
Next RM 500,000.01 - RM 2,0100,000.00 = 3%

Thank you!

Hi dariofoo,

read ahya2009 case, i would like to confirm writ of possession must being carry out in High court or magistrate court or civil court ? can it be small court ?
The tenant breach the contract but the term of contract only coming to end half year more. The landlord file in small court
Under Order 54 of Subordinate Court Rules, 1980,
is time an issue defendan must be filed in 14 days only or must filled in and serve the plaintiff within 14 days?
if plantiff serve summon to pay and vacant the possession, the court postpone. 2nd hearing defendan file in F165 but refuse to serve plaintiff. 

1)Defendan only serve AR to plaintiff  but without F165 inside envelop
after  30 days after summon being served to him, or 18 after 1 st hearing, 4 days after 2nd hearing (sorry not 32, 18, 4 as the notice card stated later date)

what can plaintiff do? plaintiff want to buy. the clerk say not available.

2)Defendan only serve AR to plaintiff  but without F165 inside envelop but cheque inside
after  30 days after summon being served to him, or 18 after 1 st hearing, 4 days after 2nd hearing (sorry not 32, 18, 4 as the notice card stated later date). is that mean that defendan alreay restore the breach and plaintiff have no say and the contract keep on

what can plaintiff do?

can plaintiff request for judgment in default of serving (amount- rental & course of action- vacant possession{can small court do that}) base on timing ? is time justify to which is defendan only serve plaintiff 30 days after summon or 18 days after 1st hearing? The defendanis a very problematic person, haunted plaintiff day and night.  what is the form no of judgment in default? and how's the procedure? Is very subjective right up to Courts.

What is the best solution? to withdraw the case from small court and asked for lawyer to handle?

Dear all sifu's

Need your input on this quotation, first time selling a house

This quotation is quote by Buyer's lawyer to me

Legal Fees

1) Preparation of Receipt & Reassignment - RM300
2) Revocation of Power Attorney - RM100
3) Preparation of CKHT I - RM 600
4) 6% Government Tax - RM 60

Total RM 1,060

Then other disbursement total up to RM 452 so the final total he quote me is RM 1,512

Is the above amount common or being overcharge? My property selling at RM 425k

Thanks for the advise

Depends. From whom to whom?

1) Sorry mate am not sure about the type of insurance. But there is no such thing as a claim for compensation for "vibration/sound/lack of sleep killed some patient or old people". For a claim for damages for negligence there must be causation between the act and the result. If the beam fell directly upon the building then of course there is negligence. But for loss suffered merely due to noise emanating from piling works is not claimable. I doubt if there is insurance coverage for such matters too.

2) If I'm not mistaken for fire insurance for such buildings, it would be purchased by the JMB/MC for the whole building and payment would be pro-rated according to the units owned and collected by each owner. I'm not 100% sure on this though.

Hi dariofoo,

I paid RM800 for disbursement fees to the developer's lawyer. RM400 covers miscellaneous, which include Land Search, Transportation, Document Fees, and Other Miscellaneous. The remaining RM400 is for Registration for Transfer (the lawyer mentioned that it's for registration of document of transfer at Land Office from developer to my name - Individual Title). Is this referring to the CKHT form? Is the amount for disbursement fees reasonable? Please advice...thanks in advance!

Hi Dario, can you please advise on above quotation whether it's reasonable? Thanks

Hi,

I bought a house with my gf 2 years ago. Now we would like to transfer house ownership to my gf's mother. Bank advise us to do new S&P and new loan agreement (Our current loan still within lock in period and will be fined). My queries as following:

1.) If I do the MOT (love and affection transaction) instead of S&P, shall I still need to pay the stamp duty fee as below rate:

First RM 100,000.00 = 1%
Next RM 100,000.01 - RM 500,000.00 = 2%
Next RM 500,000.01 - RM 2,0100,000.00 = 3%
Thank you!

Thanks for reply 

1) Well, i guess as much that there won't be such insurance. But there is insurance for "damage against adjoining property" but that is only property. This is only an if there's a construction nearby a hospital. What could the construction company do to protect themselves? If it's not claimable what can they do? 

2) JMB/MC? What do you mean pro-rated according to units owned?    can anyone help please?

Hi dariofoo
 
    I’m  doing a clean transfer with "love and affection from husband to wife" as consideration via a memorandum of transfer (MOT). The lawyer says I need to do consent because the state authority request it when do name transfer, may I know is this true?

1) Don't guess. Call up an insurance company, make an appointment and get the right answers. If you're serious about this and if you think it's a big issue then do it that way. There's no other way but to seek professional advice from an insurance consultant/agent. That's the best advice I can give. Your questions now are not really legal but more towards policy of the insurance companies themselves. So, they are the best persons to advice you further on this matter. 

2) Joint Management Body [JMB] or Management Corporation[MC]. They are in charge of the maintenance/upkeeping of the building. They act on behalf of all the owners. For fire insurance, if I'm not mistaken, the JMB/MC will get a quotation from the insurance company for the whole building.

Let's say that the premium is RM100,000.00 a year. If there are 100 units, it will be pro-rated according to each unit - so RM100,000.00 divided by 100 = RM1,000.00 per unit.

If one company owns 10 units in a floor, then they would have to pay RM10,000.00 (1,000 X 10). That was what I meant by pro-rated.

So JMC/MC exist in every building?