My relative just showed my a geran of agri land, the geran stated clearly that title change ownership need MB approval?

Current seller is Chinese, so this is not Malay reserved land.

My relative asking me does this means the transfer of land ownership will be rejected? And in the future if he wants to sell, will be problem?

Also, the geran shows the land only for getah plantation but current owner (the seller) planted both getah and oil palm trees. Will this cause probem like saman or even forfeit of the land?

this is standard approval for certain type of land

need state government approval ( in this case it's the MB)

if the buyer is malay, approval will be faster.

need your lawyer to follow-up and sometimes, you may need to buy them Starbucks if you know what I mean

the palm trees could be a issue, better to ask your lawyers

This post has been edited by cfa28: Dec 31 2024, 12:44 PM

thanks for reply. So this kind of land also has lower value due to the transfer of title is not automatic.

Can apply to change to palm trees or even both palm trees and rubber tress on same parcel of land right? I mean a land can have both type of plantation to maximize yield?

you also need to check your land status whether it's freehold or leasehold cos value of leasehold land will reduce as the tenure reduce

the status of the land is sensitive. agricultural land must remain as for agriculture but the type of crops planted, you really need lawyers to advise

if only small percentage say 10% or so of land is for palm oil may not be a issue but if you have like 40%..land office can find fault with you and fine the land owner, destroy the crops or even take back the land

To goreng buyer the price might be so. For buyer who grow money from crop the price doesn't affect them much. Both seem lower cost as possible.

Rarely both type of trees can grow in the same plot assume it's a single acre unless you talk about thousands ha of it. Your case, any changes in type of tree to grow will subject to approval. Or, just plant whatever written in the title.

They will ask you to remove the wrong crop so do not play smart. Got chance for letting you go away if you plant just one or two banana trees.

This post has been edited by Chisinlouz: Dec 31 2024, 02:04 PM

It is freehold. It is freehold agriland for rubber. About half rubber half palm.

About 5 acres. According to seller, the palm oil and rubber trees already there like few decades ago. Also neighbouring plots doing same, some even planting durians now.

You can directly consult with pejabat tanah dan galian. If original title getah you can add getah dan kelapa sawit. I never engaged lawyer. Can do ownself. Even if engage lawyer you still need to be there in person. The officer will talk to you and not to the lawyer.

Chinese seller does not automatically means that the land is not malay reserve land. I hv come across a malay reserve land own by Chinese. Probably it was gazetted as a malay reserve land later. Better get clarification from the Land Office.

Check for syarat nyata. If no mention about what specific crop can plant, means anything also can plant?

It mentioed Getah only

Do they fine you? The current seller already planted oil palm for 20+ years. Is there any risk of forfeiture of the land due to misuse (written only getah but planted oil palm instead)

You are only allowed rubber trees. Other than that may consult ptg for further info.

Never heard of forfeit land because u plant it wrong. Depending on ownership type of the land. Easier just screen shot your title out. Wipe out yr private info away.

This post has been edited by Chisinlouz: Jan 1 2025, 03:47 PM

No, they didn't. Changing crop type no problem. Just need to update your geran to indicate that crop. A misuse means doing lombong or cari gali or turn it into taman perumahan.

Just to add. I asked about getah and sawit only. If plant durian on getah land I also donno what pejabat tanah will say about that.

This post has been edited by kucingrimau: Jan 1 2025, 05:19 PM

Better convert the land usage for rubber into Rubber and Oil Palm, because in future if u want to sell the FFB, u need MSPO license, MSPO license criteria somehow will need u to show prove the land title as well

Now got MSPO 2.0, does that affect small oil palm owners?

There no risk of the forfeiture, the alienated agriculture land usage is still being used for the agriculture( palm oil & durian). Instead of rubber, now it is planted with the palm oil. You need to go to the PTG to apply the change of the crop to be planted, from the rubber to palm oil. There should be some tax penalty because the PTG tax rate varies according to different type of crop ( the land already planted with palm oil or durian before any approval from the PTG). Just pay the tax difference or penalty.

It will be more troublesome if the land have restriction on "syarat nyata" & the crop is "paddy". There were circulars that no paddy lands can be converted for other crops planting due to the national food security.

A lot of small holders applied the change from the rubber crop to the palm oil without any issue. Hence, I don't see any abnormality to your case.