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 Need advise for late father's property

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TSiranadia
post Nov 17 2015, 04:27 PM, updated 11y ago

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Hi,

I have a situation here. The individual title to my late father's property is missing. No one knows whether it has been collected or transferred to his name. The property has been fully paid in 1990. So, I did a search at KL Land Office and it shows that DBKL is the owner. This is strata individual title. Why is it in DBKL's name and not my father's name? Tried to call DBKL to ask about this but they're not sure of what I'm talking about. Tried to call KL Land Office but no one picks up. What can i do to make his name appear on the title or transfer it to my name?

Thanks in advance for your help and advises!

This post has been edited by iranadia: Nov 17 2015, 04:50 PM
lordgamer3
post Nov 17 2015, 04:30 PM

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That is weird ... Do you know which bank facility your father took when he bought the property?What about the assessment records any receipts?
me_1980s
post Nov 17 2015, 04:34 PM

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National Land Code
"100. Forfeiture for non-payment of sum demanded. The Collector shall not during the period specified in any notice under section 97 accept the tender by or on behalf of any person or body of a lesser amount than the sum thereby demanded; and if by the end of that period the whole of that sum has not been tendered to him, he shall thereupon by order declare the land forfeit to the State Authority, and the provisions of Part Eight shall have effect with respect thereto accordingly."

But the question is DBKL is not State Authority. So TS u might need to explore a bit more. Huhu.
familyfirst
post Nov 17 2015, 04:41 PM

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We also have a property belonged to our late parents. Long time didnt do anything with it and when checked, found that land belongs to another persons name (ex Datuk Bandar KL). Been in legal tussle for years now. Waste time waste money. Those people at land office can literally do anything if didn check periodically.
TSiranadia
post Nov 17 2015, 04:46 PM

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QUOTE(lordgamer3 @ Nov 17 2015, 04:30 PM)
That is weird ... Do you know which bank facility your father took when he bought the property?What about the assessment records any receipts?
*
Bank is Public Finance. They said that they have no issue with this as the title has been given to the lawyer office. Assessment receipts are under my father's name. No outstanding so far.

This post has been edited by iranadia: Nov 17 2015, 04:47 PM
TSiranadia
post Nov 17 2015, 04:49 PM

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QUOTE(familyfirst @ Nov 17 2015, 04:41 PM)
We also have a property belonged to our late parents.  Long time didnt do anything with it and when checked, found that land belongs to another persons name (ex Datuk Bandar KL).  Been in legal tussle for years now.  Waste time waste money.    Those people at land office can literally do anything if didn check periodically.
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Oh my. We're in the same boat. Good luck to you!
TSiranadia
post Nov 17 2015, 04:54 PM

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QUOTE(me_1980s @ Nov 17 2015, 04:34 PM)
National Land Code
"100. Forfeiture for non-payment of sum demanded. The Collector shall not during the period specified in any notice under section 97 accept the tender by or on behalf of any person or body of a lesser amount than the sum thereby demanded; and if by the end of that period the whole of that sum has not been tendered to him, he shall thereupon by order declare the land forfeit to the State Authority, and the provisions of Part Eight shall have effect with respect thereto accordingly."

But the question is DBKL is not State Authority. So TS u might need to explore a bit more. Huhu.
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sweat.gif aiyooo.. was hoping that i don't have to appoint lawyer to settle this.. cry.gif
lordgamer3
post Nov 17 2015, 04:56 PM

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QUOTE(iranadia @ Nov 17 2015, 04:54 PM)
sweat.gif aiyooo.. was hoping that i don't have to appoint lawyer to settle this..  cry.gif
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Good luck ...hope to hear some good news.
nexona88
post Nov 17 2015, 04:59 PM

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QUOTE(familyfirst @ Nov 17 2015, 04:41 PM)
We also have a property belonged to our late parents.  Long time didnt do anything with it and when checked, found that land belongs to another persons name (ex Datuk Bandar KL).  Been in legal tussle for years now.  Waste time waste money.    Those people at land office can literally do anything if didn check periodically.
*
seriously shocking.gif ohmy.gif
why didn't seek any KL DAP MP help. it can become big issue wor nod.gif


zeb kew
post Nov 17 2015, 05:25 PM

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Take half a day off. Go personally to the land office. Find out the transfer history of the property.
TSiranadia
post Nov 17 2015, 05:43 PM

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QUOTE(zeb kew @ Nov 17 2015, 05:25 PM)
Take half a day off. Go personally to the land office. Find out the transfer history of the property.
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In the title itself on page 3, under "Rekod Kepunyaan Urusniaga dan Perkara-perkara lain yang melibatkan hakmilik" it is stated

Datuk Bandar Kuala Lumpur
Tingkat 25, Bangunan Dewan Bandaraya,
Jalan Raja Laut,
50350 Kuala Lumpur

stamp and signed (don't know who's signature it belongs to)

No other information than that.

Is it the same case with you @familyfirst ?
TSiranadia
post Nov 17 2015, 05:45 PM

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QUOTE(lordgamer3 @ Nov 17 2015, 04:56 PM)
Good luck ...hope to hear some good news.
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Thanks! I need all the luck that I can get. Hopefully this settles before the new developer proceed with the redevelopment project (if reached 75% majority).
MeToo
post Nov 17 2015, 05:56 PM

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Wah so obvious the land grab.,... Malaysia these days like cowboy town alrdy... better go check my houses sad.gif
nexona88
post Nov 17 2015, 07:05 PM

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QUOTE(iranadia @ Nov 17 2015, 05:43 PM)
In the title itself on page 3, under "Rekod Kepunyaan Urusniaga dan Perkara-perkara lain yang melibatkan hakmilik" it is stated

Datuk Bandar Kuala Lumpur
Tingkat 25, Bangunan Dewan Bandaraya,
Jalan Raja Laut,
50350 Kuala Lumpur

stamp and signed (don't know who's signature it belongs to)

No other information than that.

Is it the same case with you @familyfirst ?
*
mind posting the page 3 here icon_rolleyes.gif

want to see who's signature it belongs to rolleyes.gif

This post has been edited by nexona88: Nov 17 2015, 07:05 PM
zeb kew
post Nov 18 2015, 12:21 AM

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Was it never transferred to your father, or was it transferred to your father, and then transferred to dbkl. You need to look at the history rather than just the current/last listed owner.
familyfirst
post Nov 18 2015, 08:29 AM

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QUOTE(iranadia @ Nov 17 2015, 05:43 PM)
In the title itself on page 3, under "Rekod Kepunyaan Urusniaga dan Perkara-perkara lain yang melibatkan hakmilik" it is stated

Datuk Bandar Kuala Lumpur
Tingkat 25, Bangunan Dewan Bandaraya,
Jalan Raja Laut,
50350 Kuala Lumpur

stamp and signed (don't know who's signature it belongs to)

No other information than that.

Is it the same case with you @familyfirst ?
*
Nope, not the same. Our was directly under the name of Datuk E .... Omar.
HELLO HELLO
post Nov 18 2015, 09:11 AM

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Think u need to look for politician to help. A lot politician look for Reason n chansi to expose infront media as a white knight. N from there to expose to all news and media. It help Bring up the issue and awareness to public. Let more public raise their voice to Question n pressure the daylight robbery gov n dbkl. Better than go look for lawyer only.

This post has been edited by HELLO HELLO: Nov 18 2015, 09:21 AM
samkps
post Nov 18 2015, 09:15 AM

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QUOTE(iranadia @ Nov 17 2015, 04:46 PM)
Bank is Public Finance. They said that they have no issue with this as the title has been given to the lawyer office. Assessment receipts are under my father's name. No outstanding so far.
*
Ask the lawyer then, where the title goes? Is it already past back to your father before? hmm.gif hmm.gif
AllexKing
post Nov 18 2015, 09:47 AM

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1. Any possibility that DBKL is the land owner where joint-venture with developer.
2. Conduct search on your individual title to check any transaction endorsed in title for transfer yr property to DBKL.
3. If no 1 is correct, therefore yr property is not execute Memorandum of Transfer from DBKL to you.

ricstc
post Nov 18 2015, 09:52 AM

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QUOTE(iranadia @ Nov 17 2015, 04:27 PM)
Hi,

I have a situation here. The individual title to my late father's property is missing. No one knows whether it has been collected or transferred to his name. The property has been fully paid in 1990. So, I did a search at KL Land Office and it shows that DBKL is the owner. This is strata individual title. Why is it in DBKL's name and not my father's name? Tried to call DBKL to ask about this but they're not sure of what I'm talking about. Tried to call KL Land Office but no one picks up. What can i do to make his name appear on the title or transfer it to my name?

Thanks in advance for your help and advises!
*
My family faced almost the same situation finally the answer is to get a lawyer

you can save that money hiring the lawyer

think big if you think of saving some lawyer fees then you will never resolve eventually the property wullgo to the government thank you Gomen says
cherroy
post Nov 18 2015, 10:08 AM

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This is quite a common problem for ignorance of title transfer.

Quite common for strata property, and never know the importance of title transfer completion.

They thought after they fully paid the property loan, the property title belonged to them. doh.gif

There are many strata property stuck in no man's land due to the buyer never initiate or completed the strata title transfer.

Some even want to save money on stamp duty or legal fee, and don't want to do the strata title even though developer has subdivided the property, and once the developer company dissolved, buyer has lot of headache already.
Really facepalm on those kind buyers mindset...
jason1986
post Nov 18 2015, 12:04 PM

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Check the principal SPA. Most likely Datuk Bandar is the proprietor (land owner) and when title issued, perfection of transfer was not done.

If so, just proceed with transfer of the title. Appoint a lawyer to do it.

TSiranadia
post Nov 18 2015, 12:15 PM

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QUOTE(nexona88 @ Nov 17 2015, 07:05 PM)
mind posting the page 3 here  icon_rolleyes.gif

want to see who's signature it belongs to  rolleyes.gif
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okay

Attached Image

QUOTE(zeb kew @ Nov 18 2015, 12:21 AM)
Was it never transferred to your father, or was it transferred to your father, and then transferred to dbkl. You need to look at the history rather than just the current/last listed owner.
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where can i check the history besides doing the search?

TSiranadia
post Nov 18 2015, 12:21 PM

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QUOTE(samkps @ Nov 18 2015, 09:15 AM)
Ask the lawyer then, where the title goes? Is it already past back to your father before? hmm.gif  hmm.gif
*
called the lawyer. they said that they only keep the documents that is related to that S&P for 7 years only. So there is no way for sure that they remember what happened to the documents. So they advise me to do the title search. That's when i found out that it has DBKL's name


QUOTE(ricstc @ Nov 18 2015, 09:52 AM)
My family faced almost the same situation finally the answer is to get a lawyer

you can save that money hiring the lawyer

think big if you think of saving some lawyer fees then you will never resolve eventually the property wullgo to the government thank you Gomen says
*
well, i will try to contact the lawyer that handles the S&P and ask them what to do next. thanks.
TSiranadia
post Nov 18 2015, 12:24 PM

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QUOTE(AllexKing @ Nov 18 2015, 09:47 AM)
1. Any possibility that DBKL is the land owner where joint-venture with developer.
2. Conduct search on your individual title to check any transaction endorsed in title for transfer yr property to DBKL.
3. If no 1 is correct, therefore yr property is not execute Memorandum of Transfer from DBKL to you.
*
QUOTE(jason1986 @ Nov 18 2015, 12:04 PM)
Check the principal SPA. Most likely Datuk Bandar is the proprietor (land owner) and when title issued, perfection of transfer was not done.

If so, just proceed with transfer of the title. Appoint a lawyer to do it.
*
will check the S&P tonite and get back to you guys.
TSiranadia
post Nov 18 2015, 12:38 PM

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QUOTE(cherroy @ Nov 18 2015, 10:08 AM)
This is quite a common problem for ignorance of title transfer.

Quite common for strata property, and never know the importance of title transfer completion.

They thought after they fully paid the property loan, the property title belonged to them.  doh.gif

There are many strata property stuck in no man's land due to the buyer never initiate or completed the strata title transfer.

Some even want to save money on stamp duty or legal fee, and don't want to do the strata title even though developer has subdivided the property, and once the developer company dissolved, buyer has lot of headache already.
Really facepalm on those kind buyers mindset...
*
Hi, from the documents that we have, it shows that my late father has paid everything including the lawyer fee, stamp duty, etc. couldn't remember whether the title transfer settles before my father's passing or after my father's passing. called the S&P lawyer but they said they have no documents to refer to as they have destroy everything after 7 years of keeping those documents. not sure whether they tried to contact him at the old address (the place doesn't exist anymore) but we didn't receive any letters from them at the current address either. Everything happens when I was in kindergarden/primary school and this thing was never discussed to us. We have been living in that house until recently there's a proposal to redevelop this area. sad.gif
TSiranadia
post Nov 18 2015, 12:43 PM

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QUOTE(HELLO HELLO @ Nov 18 2015, 09:11 AM)
Think u need to look for politician to help. A lot politician look for Reason n chansi to expose infront media as a white knight. N from there to expose to all news and media. It help Bring up the issue and awareness to public. Let more public raise their voice to Question n pressure the daylight robbery gov n dbkl. Better than go look for lawyer only.
*
hoho.. you have given me a very good idea.. will try to go public with this issue and raise awareness to people to check their own property especially if it's old one.. thanks!
cherroy
post Nov 18 2015, 01:53 PM

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QUOTE(iranadia @ Nov 18 2015, 12:38 PM)
Hi, from the documents that we have, it shows that my late father has paid everything including the lawyer fee, stamp duty, etc. couldn't remember whether the title transfer settles before my father's passing or after my father's passing. called the S&P lawyer but they said they have no documents to refer to as they have destroy everything after 7 years of keeping those documents. not sure whether they tried to contact him at the old address (the place doesn't exist anymore) but we didn't receive any letters from them at the current address either. Everything happens when I was in kindergarden/primary school and this thing was never discussed to us. We have been living in that house until recently there's a proposal to redevelop this area. sad.gif
*
I had similar story that being told by my relatives.

Try to help her by look through the documentation, found out those were loan related lawyer fee and stamp duty, nothing to do with the strata title transfer.
Her ignorance of need of transfer now make her property in no man's land.
Developer liquidated already, while she had no strata title, now cannot sell the property nor transfer the property to her family members.

Buy a car, everyone know must take care the car aka register the car, so that one is the legal owner of a car.
But buying a hundred thousand worth of property, a number of people don't "take care' their property, aka ensure they are the title owner of the property.
ricstc
post Nov 18 2015, 04:45 PM

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QUOTE(iranadia @ Nov 18 2015, 12:21 PM)
called the lawyer. they said that they only keep the documents that is related to that S&P for 7 years only. So there is no way for sure that they remember what happened to the documents. So they advise me to do the title search. That's when i found out that it has DBKL's name
well, i will try to contact the lawyer that handles the S&P and ask them what to do next. thanks.
*
no not call the lawyer that dealth with sale transaction!!

I said GET a lawyer - lawyer baru to do all these legal and paper work done

you wont get any progress without a lawyer - in case you forgot this is malaysia
TSiranadia
post Nov 20 2015, 04:50 PM

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Okay. Here's the latest update. It turns out that the property has not yet transferred to my father's name. After some research, managed to track down the Developer (luckily still in business) and ask them about the original strata title. After checking, it's with them! For now, they have advised me to go to JUPEM, jalan semarak (bahagian pusaka kecil - because the property is below 600k), have to fill in forms to appoint 'pentadbir' then with the documents, have to engage lawyer, etc.. still a long way to go. cry.gif
cherroy
post Nov 20 2015, 11:00 PM

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QUOTE(iranadia @ Nov 20 2015, 04:50 PM)
Okay. Here's the latest update. It turns out that the property has not yet transferred to my father's name. After some research, managed to track down the Developer (luckily still in business) and ask them about the original strata title. After checking, it's with them! For now, they have advised me to go to JUPEM, jalan semarak (bahagian pusaka kecil - because the property is below 600k), have to fill in forms to appoint 'pentadbir' then with the documents, have to engage lawyer, etc.. still a long way to go.  cry.gif
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You are very "lucky" that developer still available and master title is with them properly. smile.gif

 

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