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 SNP stamped without the presence of

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aurora97
post Aug 29 2015, 05:28 PM

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QUOTE(mana mungkin @ Aug 29 2015, 11:46 AM)
Hi All Sifu,

I just receive my SNP stamped, and found the signing page without signature in the presence of ? will this SNP face any issue ? Please Help ?

Thanks
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Administrative errors like this do happen from time to time.

Straight answer, no it doesn't have an impact on your SNP.

U have to understand the underlying reason why the "signature in the presence of" column is there...

It is there simply to say that the person has witness the parties to the agreement is actually the person who signed the document.

Besides, u have been signing agreements without any witness columns for ages now... What's the difference now and then?

For rectification (foc mode), if the person contracting is you then the signature in presence of, you should ask a relative or friend of yours to witness. If it is the opposing party then ask him to get someone to witness for him.

Alternatively, get a lawyer to witness.

This post has been edited by aurora97: Aug 29 2015, 05:29 PM
aurora97
post Aug 30 2015, 01:57 AM

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QUOTE(mana mungkin @ Aug 29 2015, 07:37 PM)
As for now, my loan lawyer said it might have problem in future, if there is anyone trying to dispute it.

As the snp already stamped, the loan lawyer refused to sign under in presence of. However, the loan lawyer said the SNP still valid as it is already stamped.

So, the question now is will I have any issue later on when I try to sell the property or transfer name? Should I return to snp lawyer and get it fixed?
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Unless there is element of fraud than perhaps there will be problem, otherwise your SNP is good.

Many people including lawyers seem to have a view that agreement stamp means its valid, based on case law and my research (if ur interested to know), stamping of agreement has two effects:

First, it enables admission of document into court ( that doesn't mean its valid, it just say OK this fella has observed stamping requirements).

Secondly, court recognize that stamping is a source of revenue for the government. The government is smart enough to add a barrier a force ppl to stamping their agm before it is allowed to be admitted into court.

I don't your loan lawyer will touch it, coz its not a document prepared by them. It's best u go back to your SNP lawyer and ask them to rectify it. It's very negligent of them as the document preparer but did not advise you on the signning requirements.



 

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