A question to all the guru's here.

My brother and I own a house (already fully paid) and the title is under both our names. If he is to transfer the ownership from joint to single (to me). Money we can settle between ourselves.

What is the simplest and cheapest way of doing this?
What fee do we/I need to pay?
Stamp duty needed? Pay half or full stamp duty (not sure if calculate that way , but logic talk me I own half transfer half ma )

Thanks in advance.

Simply way would be just find lawyer and you just need to sign all documents. rpgt pay full for transfer amongst siblings. If you need contact, let me know.

https://www.jpph.gov.my/V2/kira_dutisetem.php?versi=1

stamp duty calculator.. pay half share of the stamp duty based on market value.

1. do a transfer based on love and affection (on record no monetary consideration)

2. stamp duty is FULL stamp duty based on half share (assuming u both own equal half share each). there is no 'discount' for sibling transfer. the discount only for parent-child (50%) and between spouse (free)

3. registration fee at the land office (depends on house value and which land office)

PM me for more info.

Sorry to dig back this old post but i would like to ask for info on this as well.
I have a similar need to transfer ownership of a house. The house is registered to me and my mother and my mother wants to cut her name from the ownership. What would be the best way to do this?

Thank you.

do you have an existing loan on the house?

Nope. All paid for.

The best way to do it is to DIY .... but you ok?

Since there is no loan involved, the procedure is straight forward. Even though is simple, you must know how to prepare the MOT and with the Geran, go to the RIGHT land office to have it transfered. It WILL involved a lot of running around if you are not familiar with the procedures. A simple mistake in the form, they will reject the transfer. A private caveat will complicate transfer. The land office will only accept application for transfer after payment of 50% stamp duty on transfer which you have to go to LHDN to submit for adjudication.

Alternatively, you engage a legal firm to do and it will be a better choice. Is a matter of discussing on their fees. You dont have to engage a big firm ... an average, reliable and near to your office or home will do so that following up is convenient. Ask around your friends for suggestions.

Another cheaper cost method is to have a will and named you as beneficiary. The transfer can be done later after the passing of your mum (sorry to mention it). You also need a legal firm to do it for you later.

Never engaged this topic with relatives as they can complicate matters. I am not sure you have siblings. What about your dad? If none and If your mum wants the transfer done and is her idea, then is between both of you.



Hope my reply helps.

This post has been edited by mini orchard: Mar 15 2018, 10:50 AM

I know that this topic was a few months back, but thought I share with all the MOT DIY.
My case was straight forward and was informed by the Developer that I could DIY. But be prepared that running around should be expected. My case was:
- direct transfer from Developer name to purchaser (my dad)
- bank loan settled
- freehold landed property

1. Borang 14A - Pindahmilik Tanah, Bahagian atau Pajakan (Downloadable from Pejabat Tanah Website)
-Inform the Developer of your intention and provide accurate information in order for them to look for your file. They will they send you a sample of MOT & company information, which you shall prepare your MOT accordingly. Take note to EMPTY THE DATE until you are ready to send to LHDN for STAMP DUTY.

2. Borang PDS15 (Downloadable from LHDN website)
-Fill in the vendor & purchaser information accordingly. You would need to prepare 5 sets

3. When 1 & 2 is done, you need a qualified person to fill in page 3 of Borang 14A. In my case, a relative who is a practicing lawyer fill this part.

4. When 3 is completed, send all Borang 14A and PDS 15 to the Developer office for their director(s) signatory. The Developer office will contact you once the documents are signed. (You do need to follow up closely, just in case)

5. Once the documents are collected from the Developer, the lawyer have to adjudicate the MOT and fill in the dates in the MOT. Then head over to the nearest LHDN together with copy of title, copy of SPA and of course the $$$ for STAMP duty. Cheque is not acceptable, therefore bring cash or Bank draft.
In my case, I wasnt aware of Borang PDS 15, and had to make extra trips to the Developer office and additional waiting time for the Directors to sign Borang PDS 15.

6. Once the STAMP DUTY is paid, go back to the Developer office to collect the Original Title. The Developer will require an authorization letter from the Purchaser & copy of IC of the person to collect TITLE, in my case my brother collected the title. Always call and reaffirm the documents required by them to avoid extra trips.

7. With the paid STAMP DUTY, MOT, current paid cukai tanah/quit rent receipt, photocopy of Purchaser's IC and documents from Developer (Directors IC, CTC of Form 49 & 58), present all of the above to the Land Office. In my case, the Title received from Developer was of old format and is required to exchange with new title, before I can present the MOT. Again additional trip to Developer office. I just submitted the old title to exchange with new title and Land Office advised that I could collect new title in 8 working days.

There are timelines to take note of:
1. Need to pay STAMP DUTY within 30 days from the date adjudicated on MOT. Penalty applies for late stamping.
2. Need to present the MOT to Land office within 90 days from the date adjudicated on MOT.

Property Stamp Duty
1. For The First RM100,000 – 1%
2. Subsequent up to RM500,000 – 2%
3. Subsequent onward – 3%

As mentioned by mini orchard, there is a lot of running around.
My brother did the running between Developer Office, Land Office & LHDN while I prepare and communicated with the Developer. The hiccups with Borang PDS 15 and the old title could not be accepted for MOT was encountered by my brother when he arrive to pay STAMP DUTY & present MOT to Land Office.

Hope this give an idea to all who want to try to attempt DIY MOT. I decided to do it myself, to learn something new. My brother informed that the officers at LHDN Cheras & KL Land Office are helpful and friendly.

Good luck to all

i dont think borang pds15 is required right now.

online adjudication = borang pds15.

Don't save on lawyer fee, they actually help more than you think