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 Help on the Private Caveat

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ponomariov
post May 15 2017, 10:52 AM

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how is he going to register a private caveat?
the house is yours.
you didn't sign any agreement to sell it to him. SPA or first option purchase. no deposit received. neither you owe him money making him the creditor. (legally)

for the renovation with or without your consent. you can request him to restore to original state.
therefore he needs to spend more money to restore. in which he will plead you accept as the current condition which you can accept or not.
If there is tenancy agreement normally this is written in the contract.

This post has been edited by ponomariov: May 15 2017, 10:54 AM
ponomariov
post May 15 2017, 12:08 PM

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QUOTE(Furzaniey @ May 15 2017, 11:06 AM)
Thank you very much for your advice sir.
The thing is that anybody can register a private caveat by filling a form in Pejabat Tanah.
I'm not sure whether they will accept such claim.
Really give me headache.
In case he register the caveat, how do I remove it?
*
anyone can register. but not all will be accepted.
Anyone can register police report too.
ponomariov
post May 15 2017, 12:11 PM

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432 posts

Joined: Feb 2006


QUOTE(Furzaniey @ May 15 2017, 11:06 AM)
Thank you very much for your advice sir.
The thing is that anybody can register a private caveat by filling a form in Pejabat Tanah.
I'm not sure whether they will accept such claim.
Really give me headache.
In case he register the caveat, how do I remove it?
*
anyone can apply to register. not everyone can register.

anyone can apply to sue anyone, but it is judge to show it is valid or not.
ponomariov
post May 15 2017, 02:34 PM

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432 posts

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QUOTE(Furzaniey @ May 15 2017, 12:27 PM)
Thank you sir for the advice.
I don't know much about law.
I'm confused with (b) statement in the:

Section 323 of the National Land
Code (“Code”). It provides :
“(1) The persons and bodies at whose instance a private caveat
may be entered are—
(a) any person or body claiming title to, or any registrable interest
in, any alienated land [or undivided share in any alienated land] or
any right to such title or interest;
(b) any person or body claiming to be beneficially entitled under
any trust affecting any such land or interest; and
© the guardian or next friend of any minor claiming to be entitled
as mentioned in paragraph (b).”
*
(b) any person or body claiming to be beneficially entitled under
any trust affecting any such land or interest; and

means someone who is ur wife/ex-wife, brother, sister, uncle, relatives. business partner they must also show proof of possible ongoing court order claiming towards that property.
example divorce case, inheritance case and business partner insolvent case

This post has been edited by ponomariov: May 15 2017, 02:36 PM
ponomariov
post May 15 2017, 02:39 PM

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432 posts

Joined: Feb 2006


QUOTE(chiahau @ May 15 2017, 01:51 PM)
Want to enter Caveat also need to submit documents one.

I doubt he has any documentations to support his lodgment.

But to be safe, you should contact a lawyer to sort things out before you proceed to sell the house.

If the tenant is difficult, you will have a hard time letting the house go as well.
*
Yea exactly. worst case of no agreement is tenant can stay forever and you might have to compensate him to leave.
he can sue you in court to get compensation to leave.

Why. this case = squatters. he is living at the house. nobody put a charge on it legally. so you need to prove he paying you monthly.
you will surely get income tax enquiry after this for failing to declare taxable income.
which you will be saman for 10 times the amount.

 

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