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 Freehold but has restriction interest property?

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TSkatmai81
post Dec 2 2015, 07:36 PM, updated 11y ago

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Saw sales brochures of property on sale... written in the fine print:
tenure: freehold
Restriction interest (sekatan kepentingan): land owned cannot be transferred, leased, mortgagee, except with prior approval from the approving authority.

Isn't this a freehold?
Anyone can clarify?
cedyy
post Dec 2 2015, 07:46 PM

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freehold properties with restrictions should be those that were previously leasehold but changed to freehold. the restrictions remain although changed to freehold
oxm8
post Dec 2 2015, 09:06 PM

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QUOTE(katmai81 @ Dec 2 2015, 07:36 PM)
Saw sales brochures of property on sale... written in the fine print:
tenure: freehold
Restriction interest (sekatan kepentingan): land owned cannot be transferred, leased, mortgagee, except with prior approval from the approving authority.

Isn't this a freehold?
Anyone can clarify?
*
Ya freehold.
cyberjaya. Nilai. Seremban usually freehold with restrictions...
up to the state
nexona88
post Dec 2 2015, 10:29 PM

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QUOTE(katmai81 @ Dec 2 2015, 07:36 PM)
Saw sales brochures of property on sale... written in the fine print:
tenure: freehold
Restriction interest (sekatan kepentingan): land owned cannot be transferred, leased, mortgagee, except with prior approval from the approving authority.

Isn't this a freehold?
Anyone can clarify?
*
depends on state sweat.gif
ck2chan
post Dec 2 2015, 10:44 PM

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QUOTE(oxm8 @ Dec 2 2015, 09:06 PM)
Ya freehold.
cyberjaya. Nilai. Seremban usually freehold with restrictions...
up to the state
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Bukit Jalil too coz of the Commonwealth Games.
miahak
post Dec 2 2015, 10:50 PM

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QUOTE(katmai81 @ Dec 2 2015, 07:36 PM)
Saw sales brochures of property on sale... written in the fine print:
tenure: freehold
Restriction interest (sekatan kepentingan): land owned cannot be transferred, leased, mortgagee, except with prior approval from the approving authority.

Isn't this a freehold?
Anyone can clarify?
*
Freehold doesnt mean that state authority cannot impose any restriction to the land..

Usually the state used it to control bumiputrra interest on the land so that the land is not easily being transferred, leased, charged to non bumi..
TSkatmai81
post Dec 6 2015, 01:20 AM

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QUOTE(miahak @ Dec 2 2015, 10:50 PM)
Freehold doesnt mean that state authority cannot impose any restriction to the land..

Usually the state used it to control bumiputrra interest on the land so that the land is not easily being transferred, leased, charged to non bumi..
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Any problems selling next time compared to freehold without restrictions?
oxm8
post Dec 6 2015, 08:33 AM

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Must get consent lor... if bumi-bumi or nonbumi-bumi/nonbumi.. no problem to get consent.. just wait & wait .

If bumi-non bumi.... as usual a bit headache... appeal & hope u are lucky n get approve
miahak
post Dec 6 2015, 11:51 AM

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Need consent fr state authority (SA) when to transfer, charge etc.

Takes some time for SA approval thus longer the transaction period. Up to 6 mths depends on state.

For transfer of interest from bumi to non-bumi. It is up to SA to decide but normally the answer is NO.

If you are non bumi.. Should be no problem in future selling

No restriction means no need consent to do any transaction on the land.. Unless if it is a malay reserved land - self explanatory
ANNIYAN_X
post Dec 6 2015, 01:57 PM

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maybe tanah rezab melayu.... freehold but for malays only... some state have this type of where although rezab melayu..if unsold, developer mya ask permission from state gov and sell to non-malays...
hornbill_78
post Dec 6 2015, 03:11 PM

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As good as leasehold
TSkatmai81
post Dec 7 2015, 11:40 PM

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In such property with sekatan kepentingan, is it tedious and difficult to transfer to my children in future? Not sell but transfer to them...
TSkatmai81
post Dec 7 2015, 11:43 PM

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QUOTE(miahak @ Dec 6 2015, 11:51 AM)
Need consent fr state authority (SA) when to transfer, charge etc.

Takes some time for SA approval thus longer the transaction period. Up to 6 mths depends on state.

For transfer of interest from bumi to non-bumi. It is up to SA to decide but normally the answer is NO.

If you are non bumi.. Should be no problem in future selling

No restriction means no need consent to do any transaction on the land.. Unless if it is a malay reserved land - self explanatory
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So bro, if in future I (non bumi) want to transfer to my children the said property, is it difficult?
TSkatmai81
post Dec 8 2015, 12:02 AM

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Also will like to know.... when purchasing the property with loan, the property needs to be mortgaged to the bank. Only when loan has been settled we can redeem the property. Will property with sekatan kepentingan has any problem?
me_1980s
post Dec 8 2015, 11:55 AM

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QUOTE(katmai81 @ Dec 8 2015, 12:02 AM)
Also will like to know.... when purchasing the property with loan, the property needs to be mortgaged to the bank. Only when loan has been settled we can redeem the property. Will property with sekatan kepentingan has any problem?
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No problem when you are redeeming/discharging the property from existing financier. Restriction in interests only applicable for "... transferred, leased, mortgagee (should be charged not mortgaged")..." as per the restriction stated on the land title. In a gist, when you transfer, lease or charge, you need to obtain consent. Others no need.

miahak
post Dec 8 2015, 11:10 PM

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QUOTE(katmai81 @ Dec 8 2015, 12:02 AM)
Also will like to know.... when purchasing the property with loan, the property needs to be mortgaged to the bank. Only when loan has been settled we can redeem the property. Will property with sekatan kepentingan has any problem?
*
No consent needed for Discharge of charge of ur property when u paid off ur mortage

Love and affection transfer should be no problem. But still, a consent from state authority need to be obtained 1st.

To do all this u need a conveyancing solicitor, whom he/she should guide and make yourself clear about all this

TSkatmai81
post Dec 12 2015, 02:21 AM

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QUOTE(miahak @ Dec 8 2015, 11:10 PM)
No consent needed for Discharge of charge of ur property when u paid off ur mortage

Love and affection transfer should be no problem. But still, a consent from state authority need to be obtained 1st.

To do all this u need a conveyancing solicitor, whom he/she should guide and make yourself clear about all this
*
Thanx a lot for the insight:)

 

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