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 Land Inheritance, Process for name transfer

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TSlkhnha2021
post Oct 29 2021, 11:13 PM, updated 5y ago

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Hi all,

Need assist from forumers here on questions about changing ownership of land inherited from parents.

1) Procedure for change ownership needs to be done at original state? (land in Johor, need to process ownership change in Johor?)

2) Land inherited is shared with 3 other relatives, what process involve to change name?

Thank you in advance
mini orchard
post Oct 30 2021, 06:52 AM

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QUOTE(lkhnha2021 @ Oct 29 2021, 11:13 PM)
Hi all,

Need assist from forumers here on questions about changing ownership of land inherited from parents.

1) Procedure for change ownership needs to be done at original state? (land in Johor, need to process ownership change in Johor?)

2) Land inherited is shared with 3 other relatives, what process involve to change name?

Thank you in advance
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1. Land are under each individual state control. Any dealings can only be done at that land office where the title records are kept.

2 Engage a lawyer and preferably someone from the same state as he is familiar with the dealings of land office matters there.

In my opinion, before proceeding with the transfer, it better to discuss among the 3 whether they have any use of the land ......

If is none, then is better to dispose and divide the proceeds according to their individual share of the inheritance; or

If one of them is interested in the land, then he buys up the shares of the other two person.

Joint ownership can be very problematic later when disagreement arises on the use of land, sharing of profit, managing the land, or even selling later, etc.

Worst, if one person pass away and leave it to his children which further divide the land and makes things more complicated.

If things cannot be sorted out, is then left abandon and a loss to everyone .... and is common esp in malay reserve land .

Now is the best time to sort out the matter.

Who wants money, sell. Who wants land, buy.

This post has been edited by mini orchard: Oct 30 2021, 10:02 AM
TSlkhnha2021
post Oct 30 2021, 01:35 PM

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QUOTE(mini orchard @ Oct 30 2021, 06:52 AM)
1. Land are under each individual state control. Any dealings can only be done at that land office where the title records are kept.

2  Engage a lawyer and preferably someone from the same state as he is familiar with the dealings of land office matters there.

In my opinion, before proceeding with the transfer, it better to discuss among the 3 whether they have any use of the land ......

If is none, then is better to dispose and divide the proceeds according to their individual share of the inheritance; or

If one of them is interested in the land, then he buys up the shares of the other two person.

Joint ownership can be very problematic later when disagreement arises on the use of land, sharing of profit, managing the land, or even selling later,  etc.

Worst, if one person pass away and leave it to his children which further divide the land and makes things more complicated.

If things cannot be sorted out, is then left abandon and a loss to everyone .... and is common esp in malay reserve land .

Now is the best time to sort out the matter.

Who wants money, sell. Who wants land, buy.
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1) Do you have estimate on cost for hiring lawyer to handle this?

2) Can the land be divided according to respective size & ownership?
mini orchard
post Oct 30 2021, 02:07 PM

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QUOTE(lkhnha2021 @ Oct 30 2021, 01:35 PM)
1) Do you have estimate on cost for hiring lawyer to handle this?

2) Can the land be divided according to respective size & ownership?
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1. Sorry I dont have the costing. You can check with few lawyers and compare their fees. Most important to to hire a reliable and reputable lawyer even though his fees is slightly more.

2. This is term partition of land which is different from transfer of ownership.

Transfer of ownership is just merely changing name from one to another. The land size and shape still remains the same. Those named in the title are actually 'shareholders' of a piece of land.

Partition is to 'cut' the land according to shareholding and each will have their own title. Is a different process and is subject to approval of the land office.

Some land cannot allowed to be partition because of its shape and the minimum size required.
TSlkhnha2021
post Oct 30 2021, 08:07 PM

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QUOTE(mini orchard @ Oct 30 2021, 02:07 PM)
1. Sorry I dont have the costing. You can check with few lawyers and compare their fees. Most important to to hire a reliable and reputable lawyer even though his fees is slightly more.

2. This is term partition of land which is different from transfer of ownership.

Transfer of ownership is just merely changing name from one to another. The land size and shape still remains the same. Those named in the title are actually 'shareholders' of a piece of land.

Partition is to 'cut' the land according to shareholding and each will have their own title. Is a different process and is subject to approval of the land office.

Some land cannot allowed to be partition because of its shape and the minimum size required.
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Thank you very much for the info.

You have been helpful so far. thumbsup.gif thumbsup.gif thumbsup.gif
hanhanhan
post Oct 31 2021, 09:57 AM

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there are 2 steps.

first is the grant of probate/letter of administration which you need to apply to court, or small estate distribution which you need to apply at state land office. there will be a cost for this application.

if you already got the court/land office order, then next will be to transfer name. cost is usually around 1% of market value of property.

as for land dividing you will have to pay stamp duty if it's not being transferred in the exact portion / to exact person named in the court order.
TSlkhnha2021
post Nov 5 2021, 12:34 AM

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QUOTE(hanhanhan @ Oct 31 2021, 09:57 AM)
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there are 2 steps.

first is the grant of probate/letter of administration which you need to apply to court, or small estate distribution which you need to apply at state land office. there will be a cost for this application.

if you already got the court/land office order, then next will be to transfer name. cost is usually around 1% of market value of property.

as for land dividing  you will have to pay stamp duty if it's not being transferred in the exact portion / to exact person named in the court order.
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Another helpful info from another kind forumer

Thank you very much thumbup.gif thumbup.gif thumbup.gif


 

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