Indefeasibility Of Title Malaysia

Unfortunately the title registration system in malaysia failed to address important issues concerning indefeasibility and ownership. One major problem is concerned with the conflicting interests of the original owner and the third party bona fide purchaser. Meaning of good faith introduction in peninsular malaysia the law governing land matters is embodied in the national land code 1965 nlc.

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In peninsular malaysia the law governing land matters is embodied in the national land code 1965 nlc.

Indefeasibility of title malaysia. One of the main feature of our torrens system is indefeasibility of title which means once the land is registered as your no one can say it isn t. The relevant parts that concern the principle of indefeasibility in malaysia is spelt out in section 340 of the nlc as follows. The nlc provides for the torrens system of title by registration it is the act of registration that confers title to or interest in land. 2 the title or interest.

Brief study of malaysia s land law and the issue of indefeasibility of title. An interesting reading with respect to the concept of indefeasibility of title is the case of kamarulzaman bin omar ors v yakub bin husin ors 2014 2 mlj 768 wherein the federal court affirmed the doctrine of deferred indefeasibility in malaysia and emphasised that section 340 3 of the nlc is applicable only to a subsequent bona fide purchaser for valuable consideration. Section 340 2 national land 1965 though provided for some exception to it prompting some writers to define it as to mean malaysia practised deferred indefeasibility of title. Zaki azmi chief justice malaysiaand arifin zakaria cj held that section 340 1 of the nlc confers an immediate indefeasible title or interest in land upon registration subject to the exceptions set out in s340 2 and 3.

Land law malaysia indefeasibility of title indefeasibility of title. Court held that mr. Tan then referred to the paper entitled basics of indefeasibility under the national land code presented by professor teo keang sood stated that it is also crucial to note that section 340 2 does not provide that any interest subsequently granted by an immediate registered proprietor with a defeasible title is also liable to be set aside as being an interest subsequently created out. Land law indefeasibility.

Registration immediately establishes indefeasibility except in cases of fraud. The nlc provides for the torrens system of title by registration it is the act of registration that confers title to or interest in land. An interesting reading with respect to the concept of indefeasibility of title is the case of kamarulzaman bin omar ors v yakub bin husin ors 2014 2 mlj 768 wherein the federal court affirmed the doctrine of deferred indefeasibility in malaysia and emphasised that section 340 3 of the nlc is applicable only to a subsequent bona fide purchaser for valuable consideration. Walker had an indefeasible title as he was a bona fide purchaser for value without notice.