Transfer
TRANSFER
Pursuant to Section 214, the capable of being transferred under the code namely;
The whole, not partly of any alienated land.
The whole, not partly of any undivided share in any alienated land.
Any lease of alienated land
Any charge
Any tenancy exempt from registration
Lease can transfer and didn’t register. Tenancy is exempt from register mean do not need to register, it is depend on the tenant want or not. The land transfer either is freehold or leasehold land, but must be done in WHOLE. Transfer of title or interest in the land transfer up on registration must within 30 days, if didn’t register, will get penalty means charged. The owner of the land is transferor whenever the new owner is transferee.
Section 206 (3) – Failure to register the instrument of transfer will not effect on the contract.
Section 216 (a) – Land will be transfer subject to lease, charge or tenancy.
The person transferring the land is called the ‘transferor’ and the person in whose favor the transfer is executed is called the ‘transferee’. The transferee takes the land subject to any registered lease, charge, easement or tenancies protected by indorsement already existing in respect of the land at the time the transfer was registered. For instance, in Standard Chartered Bank v Central Wood Tiles SDN BHD it was held that where there was a transfer subject to charge, the charge did not become a 3rd party charge. The transferee had stopped into the shoes of the transferor and is bound by the same charge.
The transferee will also take the land subject to all conditions and restrictions in interest and encumbrances then existing in respect of the land, example caveat, prohibitory orders and express and implied conditions as indorsed in the title or as provided in the NLC 1965.
Where any land is transferred subject to any lease, charge or tenancy exempt from registration, every provision-whether express or implied, of the lease, charge or tenancy-shall be enforceable by or against the
Pursuant to Section 214, the capable of being transferred under the code namely;
The whole, not partly of any alienated land.
The whole, not partly of any undivided share in any alienated land.
Any lease of alienated land
Any charge
Any tenancy exempt from registration
Lease can transfer and didn’t register. Tenancy is exempt from register mean do not need to register, it is depend on the tenant want or not. The land transfer either is freehold or leasehold land, but must be done in WHOLE. Transfer of title or interest in the land transfer up on registration must within 30 days, if didn’t register, will get penalty means charged. The owner of the land is transferor whenever the new owner is transferee.
Section 206 (3) – Failure to register the instrument of transfer will not effect on the contract.
Section 216 (a) – Land will be transfer subject to lease, charge or tenancy.
The person transferring the land is called the ‘transferor’ and the person in whose favor the transfer is executed is called the ‘transferee’. The transferee takes the land subject to any registered lease, charge, easement or tenancies protected by indorsement already existing in respect of the land at the time the transfer was registered. For instance, in Standard Chartered Bank v Central Wood Tiles SDN BHD it was held that where there was a transfer subject to charge, the charge did not become a 3rd party charge. The transferee had stopped into the shoes of the transferor and is bound by the same charge.
The transferee will also take the land subject to all conditions and restrictions in interest and encumbrances then existing in respect of the land, example caveat, prohibitory orders and express and implied conditions as indorsed in the title or as provided in the NLC 1965.
Where any land is transferred subject to any lease, charge or tenancy exempt from registration, every provision-whether express or implied, of the lease, charge or tenancy-shall be enforceable by or against the