Hi Gurus,

Is it normal to have such a sekatan kepentingan on a free hold condominium development.

" Tanah yang diberi milik ini tidak boleh dipindah milik, dipajak atau digadai melainkan dengan kebenaran Pihak Berkuasa Negeri"

Thank you.

It's normal to have such a restriction even in freehold land. There is a need to distinguish between tenure of the land and restriction of the land.

its not really a "sekatan"
whenever u want to sell the property, u need to apply consent from land office
more money, longer process time

The requirement of State Authority's consent for transfer or charge is stated under sekatan kepentingan/restriction in interest.

Look at a title and you will know. Pls don't mislead others when u are uncertain.

that is why la i giving him explanation
i am not denying the sekatan when its clearly mentioned in the strata title top section
where got mislead?
consent need to apply. take long time. take more money for lawyer fee. this is just for land office control purposes.

compared to other sekatan like leasehold and MCL, these kind of sekatan is really troublesome to change
even if u apply, it dont guaranteed to be approve.

This post has been edited by suadrif: Oct 21 2015, 11:59 PM

you did mentioned these right? --> "its not really a "sekatan"" and "even if u apply, it dont guaranteed to be approve", aren't your statement contradicting and misleading?

how can you say that it is not really a sekatan when in fact it is a sekatan where you are required to make an application for State Authority's consent to transfer or charge your property?

you do note that your application for State Authority's consent to transfer and its subsequent appeal against rejection may be rejected causing you not to be able dispose of your property right? if it is not really a "sekatan" then do you mind telling me what it is actually?

what it meant by sekatan kepentingan/restriction in interest is that your interest over your property is restricted when you require the State Authority's consent to transfer or charge your property.

maybe my level of understanding is low but do you mind to enlighten me why you said that it is not really a sekatan when in fact it is a sekatan kepentingan?

This post has been edited by Ah SiAnG: Oct 22 2015, 07:44 AM

debating just only for the sake of term really wasting time. how could i explain word definition in a layman term, without mentioning my word subjective??!
i am telling him that it is not totally unsellable or cannot sell at all, compared to MCL restriction. that is why i put "" at the first place!
your level of understanding and my level of my experience dealing with these two might be different.
so my argument stops here. u want to debate of term? go on proceed with three or four pages with list of wikipedia links or malaysian bar council links.

This post has been edited by suadrif: Oct 22 2015, 08:13 AM

I have dealt with many titles in the process of drafting my clients loan application, leasehold, freehold, you name it. I also have to deal with the banks' layers for the loan execution on behalf of my clients. If you could just send me a copy of the title im sure I could explain what the hell it actually is. A detailed copy of the SPA is fine too. My email is at the bottom of my post.