The process is not complex if your case is straightforward. You can apply for SUMMARY JUDGMENT if your case is clear-cut.

Costs: in terms of legal fees, it really varies as to the seniority of the lawyer (disbursements excluded) and the firm's standing if the case is straightforward. There is no % involved, unlike conveyancing matter where it's regulated by the Solicitors' Remuneration Order.

Courts Costs: at the discretion of the court to grant.

Duration: With the recent implementation Key Performance Index, the Courts nowadays are really 'working'. It'll be much faster than last time. This is of course subject to the lawyers' diligence.

TK

This post has been edited by me_1980s: Jan 17 2012, 11:27 AM

redemption statement to be correct

Execution of SPA and all other relevant docs (MOT, CKHT etc) -----> Enter private caveat (SPA Caveat) -----> Apply consent to transfer---> Pur obtained loan-----> Pur execute all the loan docs and other relevant docs (charge form etc), apply for redemption statement-----> Send to the bank for execution, at the same time apply for consent to charge (this can be done simultaneously with consent to transfer)------> Loan Docs back from Bank, check with land office whether Consent is out or not-------> Once consent (for both) is out, stamp all the loan docs and adjudicate your MOT------->after stamping, can advise the bank to disburse part of your loan to the Vendor's Bank (if any)---------> after money is released to pay Vendor's Bank, Title will be given to the Purchaser/Loan Solicitor together with relevant docs (discharge of charge etc) ----->Pay your MOT after assessment------> Together with the Title, MOT,Charge Docs, Consent (both transfer and charge), appropriate fees and all other relevant docs present to the Land Office---------> Advise your bank to release final portion to pay the Vendor-------> calculation of assessment, quit rent, TNB, water etc------> grab your keys-------->masuk rumah, ask feng shui master to start advise your house and start renovate-----> after renovate, can stay in the house. Then will be deemed complete.

This post has been edited by me_1980s: Jun 28 2012, 09:03 AM

Haha

SBC/CIR/069/12
16th August, 2012

Dear Members Of The Bar,

ATTACHMENT STUDENTS TOUTING FOR CASES AT KLANG COURTS

We refer to our circular dated 20.3.2012.

We have again received complaints from lawyers that attachment students are touting for cases at the Klang Courts. The Selangor Bar Committee views such practices as distressing.

Meanwhile, the Selangor Bar Committee has informed the Police of the above and will not hesitate to take whatever legal action available in law against such students and firms that have engaged them and would like to advise members not to misuse attachment students in order to ensure that the integrity and dignity of the legal profession is preserved.

We would keep members informed of any future developments.

Thank you.

Dato' Suraj Singh DIMP PKC
Chairperson
Criminal Law Court Liaison Sub-committee
Selangor Bar Committee.

One may look into para 15 of Schedule 2 of the Real Property Gains Tax, wherein it states:-

(1) Except where this Schedule provides otherwise, a disposal of an asset
shall be deemed to take place—
(a) where there is a written agreement for the disposal of the asset, on
the date of such agreement; or
(b) where there is no written agreement, on the date of completion of the
disposal of the asset.

However, there is a conditional also, wherein para 16 of the same Schedule:-
16. Where—
(a) a contract for the disposal of an asset is conditional; and
(b) the condition is satisfied (by the exercise of a right under an option
or otherwise),
the acquisition and disposal of the asset shall be regarded as taking place at
the time the contract was made, unless the amount of the consideration depends
wholly or mainly on the value of the asset at the time when the condition is
satisfied in which case the acquisition and disposal shall be regarded as taking
place when the condition is satisfied.

The para 16 has been amended from:-
16. Where a contract for the disposal of an asset is conditional and the condition is satisfied (by the exercise of a right under an option or otherwise), the acquisition and disposal of the asset shall be regarded as taking place at the time the contract was made, unless-
a )the acquisition or disposal requires the approval by the Government or an authority or committee appointed by the Government, the date of disposal shall be the date of such approval; or
b )the approval referred to in subparagraph (a) is conditional, the date of disposal shall be the date when the last of all such conditions is satisfied.

Hopefully it helps u. As the law now stands, it is on the date of the agreement.

---

Added on October 15, 2012, 9:27 amHaha.. Tough question to answer. It is very subjective.

This post has been edited by me_1980s: Oct 15 2012, 09:27 AM