My late mother owned a piece of land, about 8.95 acres. The land grant has two names—my late mother and another person, whom I'll call Mr. J.

In December 2024, I received a call from someone claiming his client was interested in buying the land. It used to be a rubber estate, but since 2020, there have been no rubber trees, meaning it may require replanting (tanaman semula).

I met Mr. J, and he agreed to sell if I could find the right buyer at the right price. He owns 2/5 of the land, while my late mother owned 3/5.

The issue arose when I asked my siblings—two sisters and a younger brother (I'm the eldest). My second sister immediately refused to sell without even hearing my reasons.

For context, my late mother owned other lands, but this 8.95-acre plot is the largest. I believe we should sell it for several reasons:

1. No one is willing to take responsibility for replanting—lack of time, capital, and knowledge.
2. The land is far from where we currently live.
3. If we find the right buyer, we could earn around RM180k–250k (our 3/5 share based on average price nearby land). This could help us build a simple house in our hometown, replacing the old, unlivable one.
4. If there's any balance, we could perform badal haji for our late mother.

I’d appreciate your thoughts on this.

You must do Pusaka Kecil first, Faraid and get the waris2 names and their rightful ownership into the Land Title, then only can sell. Who going to buy if names of rightful owners not inside the Land Title ?

i know. change name to our names should be no problem. what im trying to do if the buyer really want to buy it. still considering/

Who inherited this land after your mom passed?

My 2cent. It will be 100x more complicated when Mr.J passed away. Everyone who "inherited" the land will never want to fork out money for any paperwork, zero effort and zero fuck given about any attempt to sell the land. Tax not paid and the land end up repossessed.

Also common issue with human mind. Everyone thinking will hit lottery the land end up being developed and price increase 50x. They rather sit on it with zero fuck given, zero money taken out, instead of taking 20k per person from land sale.

It's going to be fun when one of u take out $$$ and find buyer. Only to have one of the title holder refuse to sign for whatever reason. Rugi habis.

thats why i need to act fast. all these things need to be considered. i'm having mild headache to think about this.

Your sister who refuse to sell, did she give any reasons?

You already faced a roadblock, that's without Mr. passing which makes even more roadblock, in the end of the day the more people getting involved, the harder it is to sell.

no, she just said tanah pusaka. thats it. planned to discuss further this during hari raya holiday.

What do you need our help on?
Yes, your sis don’t even want to listen to your reasons to sell.
But you should listen to why she don’t want to sell. Maybe can address her concern and convince her to sell.

Edit: saw your above reply. Discuss lor. Maybe she missed your mum. Try reason. The land, you guys never really see. It’s so far. It’s not even a memory of your late mother. Keep other memento.

Ask her how she envision the future is if keep the land keep for 100 years? Your grandkids will quarrel with her grandkids. 😄

Raise the issue if Mr J passes as well like the other forummer say, did she think about it?

This post has been edited by cempedaklife: Mar 4 2025, 12:45 PM

what should i do with that piece of land? i dont want it to go waste just like that.

See my edited reply.
But my advice is the sell it. Mainly due to Mr J name in it. Like the forummmer said.

I guess u may need to talk this out with her, and I truly understand communicating with people who do not want to talk about it is extremely difficult and stressful yet the responsibility still lies on you to make it work.

Sorry out of topic a bit, probably influenced by every time see Thanos comment about Malay selling land to Chinese to make big money contributed to this thinking partially I guess. May need to let her know it is not the same as narrated by Thanos, because this will only get more difficult end up no one getting anything from it in the future, equal to just throwing this land to a forever wasteland.

Mana tahu it is a Leasehold land, at the end belongs to govt.

it is 100% my late mother's not gomen. i got the land title and it stated as freehold.

first you need to settle your second sister.

this is very very very very old tricky condition for every family.

if one of you dont wanna sign = whole land cannot sell.

now another big issue is the land is joint name with Mr J which is an outsider, if anything happen to him and his wife/children dont wanna sell, then the land forever stuck there.

buy over from MR J, future only decide what to do with it

Tanam musang king blackthorne kaya wa

Imo tanah pusaka don't sell but someone need to pay the quit rent yearly. Won't cost much and also to confirm nobody come steal the land at pejabat tanah.

Also buy from mr.j else like some said it will be much more difficult once he passed away.

Unless ur in need for money, no reason to sell land

Buy the Mr. J 2/5 land and 3/5 that belongs to the siblings; offer them a price to sell it to you. Not only max the profit bt anytime you can sell it

The lawyer paperwork will eat into at least a quarter what you are getting. This is going to be tough. Who is going to pay lawyer fees first.

Adik pompuan hang berpegang pada kepercayaan tanah adat agaknya. Kalau tak silap, adat Perpatih memang tanah dari emak akan automatik jatuh pada anak perempuan.

tanah adat ada geran sendiri bang. kalau tanah adat mana boleh ada nama mr J. hanya nama orang pompuan sahaja boleh ada dalam geran.

r u in need of urgent money? if no i didnt see point to sell it off. remember back wats d purpose of d land

Not really urgent but any extra income would be appreciated. The purpose of the land was to plant rubber tree. It was a rubber estate. But now it is semi abandon with high bushes around it. Nobody takes care about it. That's why if got buyer I would like to sell it.

"...my late mother owned other lands,"

First thing first... go to Pusaka harta kecil and transfer your mother's name on the land titles to all the rightful beneficiaries first.

Go to that pejabat and get all the info on what forms/documents are needed, the whole process and estimate cost on fees and stamp duties.

If you got buyer, I think you can approach a lawyer to do it one shot - change the ownership and sell the land in one process. If not mistaken, all of you and siblings and Mr J will sign power of attorney giving your rights to the lawyer.

In mean time, do the process at the jabatan Pusaka first. You would need photocopies of your siblings mykad. Explain carefully to them that you guys must change your mother's name on the land titles. Cannot leaving it hanging there forever. Must change the name.

After the distribution done by pejabat Pusaka, it would be more clear what's the share of the lands to each of you.

thank you for your input. i already did some research about this and will proceed this after hari raya.

Don't delay... get all info and necessary forms first. During raya when everyone is there, and everyone is on the same page (in agreement), you have all the necessary forms ready for them to sign.

if really you cant talk het out, u may consider partitioning the land

del

This post has been edited by RT8081: Mar 5 2025, 08:10 AM

del

This post has been edited by RT8081: Mar 5 2025, 08:10 AM

let her Understand owning the land require money, maintenance, cukai etc. you are doing nthg on the land, why waste the money?

let her know, its not the only land mum is giving u. if she so sayang the land, tell her you are ok trading with her, meaning u give her ur portion for this land, she give u other lands' ownership. semua follow market value. then u will have one whole plot, she can own this land fully (together with mr J) as well .

Freehold land for <rm50k per acre is really cheap. Is it far away from township? West Coast states should worth >rm100k

This post has been edited by MGM: Mar 4 2025, 08:58 PM

Your sister is acah terpaling fillial one la.
If she don't want to step up and work on the land, she should shut up and refrain from objecting just for the sake of "pusaka".

This should be the best method.

But I think the sis will sit on her part till die and pass to her kids etc.

i wish it was that simple. we have another 2 siblings which they also have their right to claim the ownership of the land.

yes, it is quite far from the township. but that is just my estimation. maybe i'm wrong.


Maybe. but i need to hear her explanation on this first. maybe she got a valid point. who knows?

Maybe. but we didnt have that kind of money to buy off the 2/5 from mr J.

But even if near to border of NS with PAHANG, should fetch >100k what more NS is below Selangor. Kemayan Pahang is already >100k.
Land north of NSE in Melaka bordering NS is already 100k to 500k.
Southern Johor already 1 to 5mil. Land appreciate so much faster than houses.

This post has been edited by MGM: Mar 5 2025, 08:01 AM

i don tink u hv the right..NS belongs to the girls

Ur mom's portion will be inherited to the next of kin, depending few rules...
If muslim got muslim punya rule how to divide.

If non muslim has to follow Will, if no Will then divide equally to next of kin.

So if you are non muslim and if without Will, ur mom's share will be distributed equally among 5 of u.
If any one of your siblings does not want to sell then procedure is very complicated. Not worth it sell.

Planting or not, has nothing related to selling land.


If based on ur nickname i think u are Muslim? So the distribution is much more complicated..
I heard even ur uncles/aunties (mom's siblings) can claim it.


This post has been edited by WaCKy-Angel: Mar 5 2025, 11:28 AM

By hook or crook u have to convince your sister to sign in order to sell it off. Any one of the owner on the land title refuse to sign, the deal will fall off. Happened to one of my grandfather's land in the past and still hanging till now.

Another method if your sister refuse to sell, just do land division/pecah tanah on the 8.95 acres and apportion according to the share. After land division then each of the owner settle on their own. This process will incurred some fee but it will be trouble-less for each owner in future.

Partition of land is NOT the same as dividing cash equally.

When cash is divided, everyone receives the same value.

When land is divided, everyone receives the same area BUT NOT same VALUE !

Mind to suggest how to solve the deadlock situation if TS sister refuse to sell?

MONEY, more MONEY 😂

Offer her more money than what she is entitled !

Is up to the remainder siblings whether they want less money from the sale or NO SALE.

Don't be surprised the outcome is favourable 😀

Generally, in property negotiation, when a vendor refuses to sell, the buyer can try to offer a higher price to conclude the transaction.

My worthless advice is, start discussing only when deposit received.

Sometimes deal doesn't materialize and your family relationship turn sour. Not nice.

BUT, you can take initiative to discuss how to handle the land once it's given officially to you all.

-who will live and manage plantation there
-how the cost and profit segregated from the farm
-who has the decision making power in farm matters
-who has the decision making power when comes to legal matters, inclusive of selling off

Ect.

If nobody is staying there and don't want spend a dime, perhaps letting go is better than struggling at it.

Good luck.

Edit: Yr sis case, just ask her if it's nostalgic feeling or money matters. Because taxation will be there annually.

Don't be surprised family argue Rm20 cukai tanah rezab Melayu because they want the ownership but want no cost from it.

This post has been edited by Chisinlouz: Mar 5 2025, 03:16 PM

I hope you are not trolling. This is serious /k mind you.

Where's it? I can buy it off you.PM

You can’t just plant stuff without experience you’re bound to lose $.

This post has been edited by OrganicRepublic: Mar 5 2025, 08:57 PM

I wonder what U are going to do with that land.

Btw TS, why need to growth back the plant only can sell?

U should know rite inheritance in NS if for the girls aka daughter

you should google first before you posted.

unless she want to move there, keeping a vacant land will cause problem later when squatters move in a start occupying on the land... there are land tax and other stuffs need to be done as well, is she going to fork out those payment?

ok bro..my bad... cheers

it is ok. at least u got new knowledge.

Your late mother got do any wills? Your Father still alive? No Wills, Your father still alive, 3/5 Land ownership will be your father name, according to inherite law.

If my father is still alive i would not be asking this kind of question.

If she give reason like “tanah pusaka” , I don’t think money is going to convince her. Unless you offer like ridiculous amount that TS wouldn’t have the resources to.

Best approach is let her take over the administration of the land. Handling all the payment of quit rent and what not and later got squatters etc let her handle it , once women get a taste of the troubles normally they fold.

A person who is of sound mind wouldn't offer ridiculous amount and have no resources to pay up.

The most ts can offer is to give up some his portion or all.

do step 1 first.
uruskan harta pusaka.
this itself will take several months and cost some money. no need to think about offers from people wanting to buy the land if you dont even own the land yet.

TS don’t even reply so no need think so much lol

my last reply in this tered was around 1045.

as mentioned by others, i need to settle urusan pusaka kecil first then we can talk about selling it or not.

I m curious, how the govn dept knows his mother has how many children since you said one didnt sign then cannot.

Gov don't know, but those children will attend the harta pusaka hearing to claim their part.

This is always very tricky, when you are in need of cash, you cant sell your land right away

Say if got 6 children, all 4 attend and said only 4 of them to the judge? And the harta is very big, say like millions.

Well, in that case they are breaking the law as they have to angkat sumpah before the judge during the hearing.

You’ve to buy over from Mr.J

Replant and sell if you’ve capital and experience, experience is very important, do not plant anything if you’ve no experience, you’ll pay a lot of school fee.

nope, it must be all of them attend then only valid.

maybe sell ur mums other lands to fund the purchase from mr j.... since its tanah pusaka and got emotional attachment.

that's why it involve court hearing and a lot of legal paperwork and application. THen u need to gather all involved party to agree for something. The more children, and across generations then the cost to transfer name all. No one is going to lift a finger and majority will want to sit on it unless can sell for life changing amount (also zero effort from them).

The chances to sell the land when it involve across two generations will be close to zero.

The process at pejabat Pusaka kecil is to distribute the property to all the beneficiaries. (According to the appropriate acts for Muslim/non-muslim, when there is no will. And when the total assets is below a few millions. Seems like the amount was amended to 5 millions... not sure of this)

Anyone can initiate the process. Hence, best to do it as soon as possible.

The initiator will fill in all the beneficiaries in a list, together with other documents in applying a hearing at this pejabat.

On the hearing day, not all have to be present. If you wanted to give away your share and not able to be at the hearing, you can fill in a form and give it to the person who initiate the process.

Can the initiator cheats and leave out a beneficiary? Well, that's why it is best to do it as soon as possible while everyone is at the funeral and everyone knows the property title will be change from the deceased name to the beneficiaries.

Also, the national id and birth cert is in digital data... I think there is a way for the pejabat to counter check (without us knowing it).

Plus all present at the hearing including the initiator will have to angkat sumpah that all the documents they submitted is true.

Better to clean up this mess now and not pass this to the next generation.