Hi,

Need help.

M signed a Surat Akuan Berkanun (Pesuruhjaya Sumpah) stated selling a property with S and payment already received. Unfortunately M pass away 2 weeks after signing the Surat Akuan Berkanun. What can S do the transfer ownership of the property under her name?

the property is Hakmilik Sementara until year 2059 in Kedah.

Thank you.

1. Surat Akuan is merely an instrument to prove that M has sold the property and received S money.

2. It cannot be used as an instrument for land office to do a transfer on the said property from M to S. The require instrument for transfer is MOT (Memorandum of transfer). S should have ask M to sign the MOT together with the Surat Akuan.

Surat Akuan serves the same purposes as SPA which seller agrees to sell.

MOT serves as an instrument for Land office to do the transfer from M to S.

3. Use the Surat Akuan to enter a caveat for the said property first. *this is important as in future negotiations for the said property, this will be your trump card.

4. Use the Surat Akuan to negotiate with the Waris of M to transfer the said property to you. If the waris does not want to honour the deal, then you request them to refund you the money paid to M.

If die die S want the said property, then hire a lawyer for further advise on the said issue.

OR

CUT IT SHORT,

Just hire a lawyer to further advise on the said issue.