Dear Master,

I have a queries on the housing problem.

I have bought an apartment last 2 years ago, it is under Freehold Master title. Now, the apartment community informed me that the apartment can change to Freehold Strata title. They have appointed a lawyer firm to do this. But I am more prefer to get my SNP lawyer to handle this therefore I am asking the appointed lawyer firm to give me the developer letter on this.

Today, I have able to call the appointed lawyer firm and asking the developer letter on the transfer title.
She told me that she already get the apartment geran, now she got runner able to get developer director to sign the letter then send to my loan bank to change the master to strata. After the geran change to my name then will give to loan bank to keep.
I got told her about I have SNP lawyer, she says she go to high court to get the documents, so she dont think she can pass the case to others lawyer to do it.

FYI, the apartment developer office is no more longer in business but the developer boss still able to contact.

I actually don’t understand what she is talking about. Anyone here can give me advise? I am like give money to appointed lawyer firm without seeing any evidence of the transfer title

master title means all apartments under one geran

for individual, its call strata ... strata title holder, cannot simply modify the outlook of the building

What is the procedure to change to strata actually?

the lawyer will do, you will receive a notification once it is successfully done..

To double confirm, u can bring the notification letter to ur bank to verify later..

Your task is to wait and verify it later with ur bank

or u can check with ur management office. Ur property management office will request IC and some SNP documents later from you....

But my SNP lawyer keep mentioned if no letter from developer, need to take extra caution

usually as far as I know...

the developer will issue a letter citing that the strata title is ready and they have appointed lawyer to do for all owners.
however they will also specified that IF any owner wants to appoint their own lawyer to do so, please tick the right box at the attached letter and deadline is given before returning the signed letter back to developer.

am not sure how other developers do so.

yes you are right. My developer also give us letter say strata title is ready.

TS just wait their letter.

Nicole,
Two things I notice here.
1. "They" have appointed a lawyer firm to do this.
"They" referring to the developer or the community?

2. developer's office is no longer in business.

No doubt in normal circumstances the developer should write to inform about the issuance of the strata title, but in the case where the developer " is no longer in the business", it is not surprised that a third party has been arranged to perfect the transfer.

If I were to be in the same scenario, my priority is to get the strata title transferred to my name and charged to my financier (the bank), given that the developer "is no longer in the business". I will :

1. check it out whether the title is in the possession of the lawyer firm's possession or they are authorized to collect.
2. Their fees.
3. Others have done it?

This post has been edited by SAHM: May 17 2016, 01:08 PM

From my understanding this related to cases where developer did not put in application for strata title division. Worst part is developer is no longer around.

Therefore the current JMB is the one seeking avenue for strata title and have appointed a solicitor firm to act on it.

In the event this is the case, it will need to be handled by the appointed solicitor since individually this cannot be done by respective individual unit owners. That is why the mentioning of obtaining court approval in this case.

First procedure and priority is to get the master title divided into individual strata title. Then only transfer and charge can take affect.

Meaning now even without official letter, i still can proceed to pass the case to the so called appointed lawyer to do it?

They is referring to the apartment community

Getting confused... I thought Nicole is talking about strata title is issued.

@nicolelim28

Please check with the lawyer , is the strata title of your unit issued? Get a copy of the strata title to confirm.

Otherwise, like what boon mentioned, if it is in the process of trying to apply for strata title.... Long way to go then.

I guess you are talking about the JMB?

Come to worst, what is the impact if i don't bother the MOT, just let the apartment under Master title?
My Unit will be taken by developer in future?

If you are talking about the MOT, it means strata title is issued. Get it transferred to your name to avoid future trouble as the developer is no longer active. Since they can still be contacted to sign the MOT etc, better do it now.

The consequences of not getting the title transferred? You are not the registered owner and you have problem in selling, especially so if you can't get the developer to sign MOT in future.

No, your unit won't be under master title if strata title is issued, but the strata title is registered under the developer's name.

The house is still yours. You will face problems or hassle especially when you want to sell. It migth be a double transfer (which take longer time ~ 1 yr +/-) or direct trasfer if u are lucky..

Once the strata is ready. Just get it transfer to you. You get a title on your own with your name written on it.

Look, master title usually involve when developer want to develop the area. It does not only applies to Strata or non-strata, it applies to individual title as well.

After developer finished developed, then developer will applies for sud-division/amalgamation/sub-partition for the lots before land office issue new title. (new rules/laws in place today trying to prevent this happen)

Most cases where developer bankrupt before application complete, the land titles still under master title. To apply for Strata Title is the right thing to do by JMB.Therefore, Jabatan Insolvensi Malaysia will take over and hand over the case to High Court. High Court will approve, and appoint someone (sometimes some other developer) to handle the case. Some where the community already matures with JMB, they will proceed on their own.

I do not see why you are so concern about your SNP lawyer, it is obvious he/she does not know anything about Title. After approval, the bank still owns (since you took loan) the unit and thus will follow to new title as well. So, it does not matter who handle the case for you as long as the appointed lawyer can get approval from land office.

So in short is, when the appointed lawyer show me the land office approval letter then I can proceed? My concern is now I don’t know the appointed lawyer, she just told me she can handle and ask me pay. Without any documents, I feel unsecure to pay for MOT

I see. I can see your concern. Perhaps, you want to have more documents as prove. Confirm with JMB. The approval letter from land office usually comes with fees mentioned (total).