QUOTE(JamesBotak @ Feb 9 2020, 01:36 AM)
To be honest, I'm really lost in this as this is my first time. I've no idea what has been done and what's not. As far as I know, the lawyer is the SPA lawyer. Only one lawyer involved in this.
I've received new information hence I believe I should rephrase my statement. Maybe it would be easier to understand.
I'll try to make it short. Here it goes:
1. I'm buying a house cash. I was told the house is a bumi lot. However, the lawyer actually told me the previous owner was a non bumi. The lawyer said the house previously belonged to a Chinese lady. The lawyer bought the house from the Chinese lady as the lady desperately needed money. The lawyer bought the house and changed the house name to his son's name who is a Malay. Thereafter, the house was sold to me.
I've no idea how the house is a bumi but was owned by the Chinese lady.Could it be that the house was a non bumi lot and converted to a bumi lot? Is this possible?
2. I'm not a bumi (Indian Muslim) but my wife is a bumi (Malay). The lawyer told me since the house is a bumi lot, he can't put the house under my name. He can only put the house under my wife's name. I agreed without any clause but somehow the lawyer suggested to create this trust thingy where the house will be under my wife's name but she will only be holding it under her name while the actual owner is myself. My wife will be the "pemegang amanah" of the house for me. This is what I understood but my understanding may not be correct as I've no idea about this trust thingy. I didn't want to do this but the lawyer insisted. He convinced me that this is the best way.
3. Now the house purchase is completed. I've just received the geran. In the geran, under "rekod ketuanpunyaan", I can only see my wife's name. I'm fine with this. I've no issues with this. It's just that I want to know whether did the lawyer really did the trust thingy. How do I check if the trust is valid? Should it show in the geran? Or there should be another seperate document that highlights about this trust?
I believe you are aware about the trust/trustee (pemegang amanah) thingy?
If yes, I just need to know how do I check this trust thingy. I don't mean for any racism in this topic. The reason I highlighted the race is just to make it easier to understand hence I apologize for any misunderstanding. Thank you!
Wait, I cant give any advice on th econvayencing. But you are dealing with that lawyer who is the father of the vendor (the son is the vendor), and this lawyer is your SPA lawyer too?
Get out of this deal or get your own lawyer man. This reeks of conflict of interests at the highest levels
The SPA lawyer should be representing you, the purchaser, in an agreement between the PURCHASER (you) vs the VENDOR (the lawyer's son)
If you need recommendation of other lawyers, let me know, if not, I'd say drop this or you are taking a huge risks