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Freehold but has restriction interest property?
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TSkatmai81
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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?
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cedyy
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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
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oxm8
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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
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nexona88
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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
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ck2chan
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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 Bukit Jalil too coz of the Commonwealth Games.
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miahak
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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..
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TSkatmai81
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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.. Any problems selling next time compared to freehold without restrictions?
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oxm8
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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
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miahak
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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
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ANNIYAN_X
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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...
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hornbill_78
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Dec 6 2015, 03:11 PM
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As good as leasehold
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TSkatmai81
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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...
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TSkatmai81
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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 So bro, if in future I (non bumi) want to transfer to my children the said property, is it difficult?
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TSkatmai81
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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?
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me_1980s
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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? 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.
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miahak
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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
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TSkatmai81
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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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