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 Freehold but need consent from state authorities

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TSpekoejazzy
post Feb 7 2013, 02:40 PM, updated 13y ago

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Hi property gurus and sifus,

I'm actually in the process of getting a landed property (terrace house). When we checked the title, it is indeed freehold (geran untuk selama-lamanya), however it has a clause in the sekatan-sekatan kepentingan, saying that "Tanah yang diberi milik ini tidak boleh dipindah milik, dipajak atau digadai melainkan dengan kebenaran Pihak Berkuasa Negeri (referring to the state of Selangor).

Is it still possible to transfer the title? It is said by the owner that its a non-bumi lot, however owner is a Bumi. If possible, does it take very long to get it done?

ecin
post Feb 7 2013, 02:53 PM

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Then state consent is needed, yes, it Would be treated as Bumi to Non-Bumi case
SUSUFO-ET
post Feb 7 2013, 05:42 PM

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QUOTE(pekoejazzy @ Feb 7 2013, 02:40 PM)
Hi property gurus and sifus,

I'm actually in the process of getting a landed property (terrace house). When we checked the title, it is indeed freehold (geran untuk selama-lamanya), however it has a clause in the sekatan-sekatan kepentingan, saying that "Tanah yang diberi milik ini tidak boleh dipindah milik, dipajak atau digadai melainkan dengan kebenaran Pihak Berkuasa Negeri (referring to the state of Selangor).

Is it still possible to transfer the title? It is said by the owner that its a non-bumi lot, however owner is a Bumi. If possible, does it take very long to get it done?
*
It will be tricky, you need to find a good lawyer to help you.
Normally 1 consent will be rejected, owner need to appeal to get it done.
In short, Bumi to Non-Bumi is still possible. Prepare to wait 1 yr for the entire process
Dagashi
post Feb 7 2013, 06:56 PM

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you can check if its a non-bumi lot. Don't just trust the owner. Check the title. It should state if it is bumi lot or not. If it's non-bumi lot. you can ask your lawyer to do it.

To obtain state consent takes about mebbe 1-3 months. Sometimes longer depending on the documentation needed. Get a lawyer that has done it before or a reputable conveyancing lawyer.

Processing for Selangor state is not too long. you may be lucky and get it quickly. Just don't expect it to be fast. If it is .. it's a bonus.

SUSUFO-ET
post Feb 7 2013, 08:29 PM

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QUOTE(pekoejazzy @ Feb 7 2013, 02:40 PM)
Hi property gurus and sifus,

I'm actually in the process of getting a landed property (terrace house). When we checked the title, it is indeed freehold (geran untuk selama-lamanya), however it has a clause in the sekatan-sekatan kepentingan, saying that "Tanah yang diberi milik ini tidak boleh dipindah milik, dipajak atau digadai melainkan dengan kebenaran Pihak Berkuasa Negeri (referring to the state of Selangor).

Is it still possible to transfer the title? It is said by the owner that its a non-bumi lot, however owner is a Bumi. If possible, does it take very long to get it done?
*
I guess you are buying one of these areas
1. Bkt Jalil
2. Damansara Heights
3. Jln U-Thant

Which one?
SUSUFO-ET
post Feb 7 2013, 08:33 PM

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QUOTE(Dagashi @ Feb 7 2013, 06:56 PM)
you can check if its a non-bumi lot. Don't just trust the owner. Check the title. It should state if it is bumi lot or not. If it's non-bumi lot. you can ask your lawyer to do it.

To obtain state consent takes about mebbe 1-3 months. Sometimes longer depending on the documentation needed.  Get a lawyer that has done it before or a reputable conveyancing lawyer.

Processing for Selangor state is not too long. you may be lucky and get it quickly. Just don't expect it to be fast. If it is .. it's a bonus.
*
It is regardless Bumi or Non Bumi lot, for leasehold property which require state consent, if 1st owner is non-bumi, 2nd owner is Bumi, then he will hv difficulty to sell to non-Bumi.
Rule of thumb :
For leasehold property - if owner is Bumi, then better stay away
For freehold property - if owner is Bumi, can try, need longer time


This post has been edited by UFO-ET: Feb 7 2013, 08:38 PM
TSpekoejazzy
post Feb 8 2013, 09:47 AM

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QUOTE(UFO-ET @ Feb 7 2013, 08:29 PM)
I guess you are buying one of these areas
1. Bkt Jalil
2. Damansara Heights
3. Jln U-Thant

Which one?
*
Dude. Those 3 addresses (prestigious as well) are located in WP Kuala Lumpur. Its in the state of Selangor
Dagashi
post Feb 8 2013, 09:52 AM

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QUOTE(UFO-ET @ Feb 7 2013, 08:33 PM)
It is regardless Bumi or Non Bumi lot, for leasehold property which require state consent, if 1st owner is non-bumi, 2nd owner is Bumi, then he will hv difficulty to sell to non-Bumi.
Rule of thumb :
For leasehold property - if owner is Bumi, then better stay away
For freehold property - if owner is Bumi, can try, need longer time
*
he said it's free hold.

There are freehold properties that require state consent as well. Not necessary that freehold doesn't require state consent. It's just some additional forms to fill in.

If non-bumi lot. there shouldn't have any problems transferring. Just additional step to obtain approvals. Most cases approvals are given.
TSpekoejazzy
post Feb 8 2013, 09:54 AM

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QUOTE(UFO-ET @ Feb 7 2013, 08:33 PM)
It is regardless Bumi or Non Bumi lot, for leasehold property which require state consent, if 1st owner is non-bumi, 2nd owner is Bumi, then he will hv difficulty to sell to non-Bumi.
Rule of thumb :
For leasehold property - if owner is Bumi, then better stay away
For freehold property - if owner is Bumi, can try, need longer time
*
Thanks UFO,
I talked to the lawyer and it seems to be freehold, but still require state consent. It seems to be a gamble at the moment if I proceed with the SpA agreement but its also kind of too late to turn back as the booking form has been signed. Its altogether a big gamble from the start as the agent said it was freehold and non-bumi lot and that statement still holds true, so no way we can void that booking form for now.
SUSUFO-ET
post Feb 8 2013, 11:18 PM

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QUOTE(pekoejazzy @ Feb 8 2013, 09:54 AM)
Thanks UFO,
I talked to the lawyer and it seems to be freehold, but still require state consent. It seems to be a gamble at the moment if I proceed with the SpA agreement but its also kind of too late to turn back as the booking form has been signed. Its altogether a big gamble from the start as the agent said it was freehold and non-bumi lot and that statement still holds true, so no way we can void that booking form for now.
*
Can you reveal the project name?
ecin
post Feb 15 2013, 12:01 PM

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QUOTE(pekoejazzy @ Feb 8 2013, 09:54 AM)
Thanks UFO,
I talked to the lawyer and it seems to be freehold, but still require state consent. It seems to be a gamble at the moment if I proceed with the SpA agreement but its also kind of too late to turn back as the booking form has been signed. Its altogether a big gamble from the start as the agent said it was freehold and non-bumi lot and that statement still holds true, so no way we can void that booking form for now.
*
speak to your lawyer to add in fair clause to protect your interest
brianccg
post Feb 15 2013, 02:06 PM

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At least should put in case consent not obtain within (how many months) from date of SPA, vendor need to fully refund the 1st 10% to you. I am facing the same issue now and 1st application rejected and now in process to appeal...
TSpekoejazzy
post Mar 14 2013, 07:52 AM

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QUOTE(brianccg @ Feb 15 2013, 02:06 PM)
At least should put in case consent not obtain within (how many months) from date of SPA, vendor need to fully refund the 1st 10% to you.  I am facing the same issue now and 1st application rejected and now in process to appeal...
*
Hi brianccg,

Have you got he consent at last? Was the current owner a bumi owner?

Yeah, I have made sure in the draft SPA that this clause exist, 4 mths with extension of 2 mths. Otherwise deposit fully refunded.

This post has been edited by pekoejazzy: Mar 14 2013, 08:14 AM
aquest
post Mar 14 2013, 08:41 AM

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QUOTE(UFO-ET @ Feb 7 2013, 08:29 PM)
I guess you are buying one of these areas
1. Bkt Jalil
2. Damansara Heights
3. Jln U-Thant

Which one?
*
it sounds more likely to be a certain section in shah alam.

peri peri
post Mar 14 2013, 08:54 AM

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Adding extra clause in SPA and expecting other party to honour when default? Thats simple? Just prepare for another of headache for demand of payment later.

BTW, GE is near, which authority is free to entertain your appeal? Our beloved Khalid is busy sorting date to dissolve state cabinet. So, who will sign for u.

LoL, pardon me
brianccg
post Mar 14 2013, 10:16 AM

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QUOTE(pekoejazzy @ Mar 14 2013, 07:52 AM)
Hi brianccg,

Have you got he consent at last? Was the current owner a bumi owner?

Yeah, I have made sure in the draft SPA that this clause exist, 4 mths with extension of 2 mths. Otherwise deposit fully refunded.
*
hi, i have not get the consent yet as the vendor's solicitor just submitted last month and according to my lawyer said another 1-2 months wait.

Yes, the owner is bumi but the land title did not stated it is Bumi/Malay reserve land. Good luck to both of us. rclxms.gif rclxms.gif rclxms.gif
brianccg
post Mar 14 2013, 10:18 AM

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QUOTE(peri peri @ Mar 14 2013, 08:54 AM)
Adding extra clause in SPA and expecting other party to honour when default? Thats simple? Just prepare for another of headache for demand of payment later.

BTW, GE is near, which authority is free to entertain your appeal? Our beloved Khalid is busy sorting date to dissolve state cabinet. So, who will sign for u.

LoL, pardon me
*
Life still needs to go on regardless GE, dont tell me you stop working, stop eating and stop breathing when election is around the corner?


Always be positive nod.gif nod.gif nod.gif
peri peri
post Mar 14 2013, 10:24 AM

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QUOTE(brianccg @ Mar 14 2013, 10:18 AM)
Life still needs to go on regardless GE, dont tell me you stop working, stop eating and stop breathing when election is around the corner?
Always be positive nod.gif  nod.gif  nod.gif
*
Totally irrelevant. U cant compare politic admin with our makan gaji life.

U must be seldom approach such political agenda. Let me refresh u.

When comes near to GE, Government office standby to move those "important" files away. Cooling period and its norm.

The restructuring and handling over will be messy from one admin to another new admin. Who will be the next boss, who know? U know? Tell me. No boss, then who sign for these period of time.

Its not about anything on positive. Its fact of life. Timing Timing Timing. Got it?
brianccg
post Mar 14 2013, 10:35 AM

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Haiz... you can talk whatever you want. And I dont need your so called politic refreshment course... leave it to yourself..haha
peri peri
post Mar 14 2013, 11:04 AM

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QUOTE(brianccg @ Mar 14 2013, 10:35 AM)
Haiz... you can talk whatever you want.  And I dont need your so called politic refreshment course... leave it to yourself..haha
*
ok. u sounds arrogant, i will keep it for my self.

But do update how's the status. If you need strong political legal solicitor for current Selangor State, i got contact.

Im in the line of dealing with all this authorities for submission, approval and permits.

 

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