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> Strata title for subsale, Process?

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AskarPerang
post Feb 6 2019, 03:54 PM

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QUOTE(areankim @ Oct 8 2018, 09:36 AM)
Exactly my situation where
1) Leasehold, Starta, Developer very alive, Location Selangor
2) Starta issued, owner nv do perfection of transfer(reason: if want to sell no need do laaaaa)

Now I'm stuck to buy or not
1) If allowed direct transfer, higher cost on me
2) Not allwed direct transfer, so have to do double transfer,pocessing time gonna be very loooooong...

Was told, double transfer only applicable to freehold, leasehold has to wait 1 after another
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QUOTE(hanhanhan @ Oct 8 2018, 10:42 PM)
1. direct transfer charges is borne by seller, not buyer
2. yes, double transfer only applicable to property without restriction in interest (sekatan kepentingan). doesn't have anything to do with freehold/leasehold.
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Developer
1st buyer = current owner
2nd buyer = new buyer

As my understanding,
Direct transfer if developer allow, is from developer can transfer name direct to 2nd buyer. So indirectly the 1st buyer save up the MOT cost.
Double transfer (if developer doesnt allow direct transfer), is need to complete the strata title perfection process from developer to 1st buyer. Then after that from 1st buyer to 2nd buyer.

Applicable to freehold and leasehold property. Same scenario as above.

Is that right?
hanhanhan
post Feb 8 2019, 12:48 AM

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QUOTE(AskarPerang @ Feb 6 2019, 03:54 PM)
Developer
1st buyer = current owner
2nd buyer = new buyer

As my understanding,
Direct transfer if developer allow, is from developer can transfer name direct to 2nd buyer. So indirectly the 1st buyer save up the MOT cost.
Double transfer (if developer doesnt allow direct transfer), is need to complete the strata title perfection process from developer to 1st buyer. Then after that from 1st buyer to 2nd buyer.

Applicable to freehold and leasehold property. Same scenario as above.

Is that right?
*
Yes correct.

The general misconception is freehold = no need consent, leasehold = need consent

What u should look for is restriction in interest /sekatan kepentingan. If there is, then need consent.

Some freehold got sekatan, some leasehold don't have.
AskarPerang
post Feb 13 2019, 10:15 PM

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QUOTE(hanhanhan @ Feb 8 2019, 12:48 AM)
Yes correct.

The general misconception is freehold = no need consent, leasehold = need consent

What u should look for is restriction in interest /sekatan kepentingan. If there is, then need consent.

Some freehold got sekatan, some leasehold don't have.
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Hi, would like to clarify case scenario as below:

Freehold no restriction unit (medium cost apartment)
Strata issue but owner did not perform perfection yet

This required consent from developer to do direct transfer?
If developer not agree, then have to do double transfer,
from developer to first owner,
and then from first owner to new buyer.
Is that correct? Even for freehold property.

The only different is no need to request consent from the local authority (as compare to if this unit is leasehold).
Wandering is my understanding correct.
Thank you.
hanhanhan
post Feb 14 2019, 11:39 AM

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QUOTE(AskarPerang @ Feb 13 2019, 10:15 PM)
Hi, would like to clarify case scenario as below:

Freehold no restriction unit (medium cost apartment)
Strata issue but owner did not perform perfection yet

This required consent from developer to do direct transfer?
If developer not agree, then have to do double transfer,
from developer to first owner,
and then from first owner to new buyer.
Is that correct? Even for freehold property.

The only different is no need to request consent from the local authority (as compare to if this unit is leasehold).
Wandering is my understanding correct.
Thank you.
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any direct transfer requests require consent from developer.

this is because developer's obligation is to transfer the title to the current owner in their records. they have no duty to 'help the current owner save stamp duty' to transfer direct to the new buyer. if the developer do so, it's entirely at their discretion.

so first part of ur question - yes. if developer dont agree then have to do double transfer. however i'd reword your statement as follows:-

QUOTE
Freehold no restriction unit (medium cost apartment)
Strata issue but owner did not perform perfection yet

This required consent from developer to do direct transfer?
If developer not agree, then have to do double transfer,
from developer to first owner,
and then from first owner to new buyer.
Is that correct? for property without restriction in interest.

The only different is no need to request consent from the local authority (as compare to if this unit has restriction in interest).
Wandering is my understanding correct.
Thank you.

hanhanhan
post Feb 14 2019, 11:42 AM

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From: Kuala Lumpur


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what i actually want to explain is like this:-

freehold - land is yours forever

leasehold - u lease the land from the state for X number of years.

restriction in interest (sekatan kepentingan) - it will state whether u need to apply state consent to transfer/charge/lease the land. if you wanna see the title need to apply consent or not, u need to see this section (sekatan kepentingan/restriction in interest) , and not whether the land is freehold/leasehold.

'generally' freehold land dont have restriction, and leasehold land got restriction.

but this is not 100% foolproof as there are also many freehold land with restriction and leasehold land without restriction as well.
seikoho1
post Feb 14 2019, 11:46 AM

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QUOTE(stephen84 @ Feb 6 2019, 01:44 PM)
I think based on Section 22D of housing development act, developer consent is not required.i stand corrected. Thanks
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developer consent for direct transfer is required when strata title has been issued but not yet perfected under the name of seller.

can may opt for double transfer if you do not wish to pay developer consent fees for direct transfer, it will take hefty time and costs just to perfect your transfer and charge from developer to the seller, then seller to purchaser again .


Agent 45
post Feb 26 2019, 05:10 PM

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Hi, i have some question for transfer of title for sub sale property under master title.

If the property is still under master title, i have signed the s&p but how is the process for transfer of strata title to me when it is finally obtained? when do i start to pay for my loan installment?
feringgee
post Feb 9 2021, 09:32 PM

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QUOTE(hanhanhan @ May 8 2017, 02:27 PM)
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u sign the S&P doesnt mean property under ur name..

u need to fulfill the T&C in the SPA = payment of purchase price

once u paid full purchase price, then only the lawyer will go and do the title transfer to your name.

what ur lawyer said is correct, strata title sometimes 2-3 months and some places up to 6-9 months.

once u paid ur balance purchase price, ask the lawyer to give u a copy of the presentation receipt (which evidences the lawyer submitting the title to land office to transfer to ur name). From that presentation receipt u should be able to track the progress online. If the lawyer doesn't do that u can lodge report at bar council (of course u need to give the lawyer approx 1-2wks to go and do the registration la).
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Sorry for reviving an old thread. Can you share how to check the presentation progress online with the presentation receipt? What details are required?

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