TS, Sorry for not reading the rules and regulation at the 1st place .
here is the problem , hopefully someone can help.
Ok, so here my bro in law owned Ah long , so now my sister divorce with him edi. And she afraid that Ah Long might able to snatch their house away, so she want my mom which previously loaned them with her own coffin money up to RM 200k
So, in the caveat stated that my mom loan them Rm 200k+ for the renovation of their house , and she wanna place caveat on that particular property to safeguard her own advantage, the caveat will be lift off when the loan of RM 200k will settled by my sister.
But the thing is, my sister gave us 3 form for my mom to sign,
1. To place the caveat on the property (It got stated that my mom will lift off the caveat if only my sister pay finish the RM 200k)
2. To admit about she loan my sister RM 200k and wanna place caveat on it
3. To lift it off
My mom feel that it is not necessary to sign the 3rd form as it will proof that my sister already paid off the RM 200k + and she can lift off the caveat anytime. My mom scared that in future , my sister might use that particular document to against her.
So when my mom confront my sister about the 3rd document , my sister was furious and said that the Lawyer do this is to protect their property from taken by Ah Long and the reason stated in the caveat is fake, because in order to caveat the property, it require reason for it.
Note: The whole caveat was arranged by my sister with the reason of afraid the ah long will take the property away. The house name I think is under my sister or half of it under my brother in law.
So the question is
Is it ok to sign the 3rd Caveat??
Again, my sister said that those reason are fake but the document are real. She doesn't really mean to give back the RM 200k and my mom worried that she might use this document to make a fake proof that she has repaid the loan back to my mom . So the caveat are real but the reason on those caveat's documents were false. Which mean that the caveat are not fake but the reason is.
She then proceed and said that the Lawyer requires all the 3 documents to be submit together. Is it true?
And she again mentioned that what if in future, when our mom is not here or too old to sign then she will face a lot of problem and further said that we want to eat her property off by not signing the 3rd form
Any pro can help me out? urgent >.<
Thank you
I don't understand. What is your mum's concern? Is the caveat to secure RM200kt? Or is the caveat merely to try to stop the Ah Long from transferring the property (I assume that the title is with them and a undated Form 14A has been executed).
A mere caveat would not be good enough to stop them, as a caveat can be easily removed. The Ah Long would have first priority over the property as opposed to a caveator who enters the caveat and asserts her right after the Ah Long has done to assert his. First come first served. They can apply to remove the caveat and then transfer the property.
Your mum must also note that it is a criminal offence to affirm a false statutory declaration (SD). If a Court case ensues and the caveat entered by you mum is produced in Court, your mum has to prove that the monies were given to your sis in order for her to do her renovation. Is this true? If not, your mum can be in hot soup. So do bear that in mind.
It is not true that all 3 docs has to be submitted together. The withdrawal of caveat form (the third one) should be kept by your mum. Otherwise, as soon as the Ah Long threat is over, your sis can lodge the withdrawal of caveat form and thereafter charge the property to a bank/transfer it to another party without the knowledge of your mum. As such, if her intention is to get back the RM200k, it would be better to draw up a friendly loan agreement together with the caveat to improve her claim against your sis.