LAND 2 SEM II 1112


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LAND 2 SEM II 1112

  1. 1. INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA END-OF-SEMESTER EXAMINATION SEMESTER II, 2011/2012 SESSION AHMAD IBRAHIM KULLIYYAH OF LAWS Programme : Bachelor of Laws Level of : Third Study Reading Time : 9.00 a.m. – 9.15 a.m. Date : 27.5.2012 Duration : ( 15 minutes ) Answering Time : 9.15 a.m. – 12.15 p.m. Section(s) : All Sections Duration ( 3 hours ) Course Title : Land Law II Course Code : LAW 3111 This Question Paper Consists of 6 Printed Pages With 6 Questions. INSTRUCTIONS TO CANDIDATES DO NOT OPEN UNTIL YOU ARE ASKED TO DO SO. Answer FOUR (4) Questions Only. REFERENCES ALLOWED National Land Code 1965 (Act 56) Compilation of Statutes in Land Law Any form of cheating or attempt to cheat is a serious offence which may lead to dismissal Statutes should be free from any form of annotation. APPROVED BY
  2. 2. 2 QUESTION 1 a. Explain the rationale for permitting Corporations, statutory bodies and agencies listed in Schedule 2 of the Malay Reservation Enactment to offer loan facilities by using Malay reservation land as collateral. (5 marks) b. Marianne Nunis a Portuguese, converted to Islam to marry her childhood sweetheart Ahmad Danish, a Malay Muslim. Marianne upon conversion changed her name to Mariana Abdullah. Ahmad Danish is the registered proprietor of a few tracts of Malay reserved land. After 5 years, they were still childless and decided to adopt Miriam Smith a girl of mixed Indian and English parentage who was orphaned when her parent died in an accident. Ahmad Danish loved his wife and his adopted daughter very much and out of his love and affection, he instructed his lawyers to transfer his Malay reserved land to his wife Marianna Abdullah and Miriam. Explain whether the transfer in favour of Mariana Abdullah and Miriam can be perfected. Support your answer with decided cases and relevant statutory provisions. (10 marks)
  3. 3. 3 QUESTION 2 a) Jual Janji is a type of security dealing common to the Malay Muslim community prior to the introduction of the land administration system where title and interests can only be acquired by registration. The National Land Code 1965 provisions did not provide for the creation and registration of Jual Janji transactions. Nevertheless, the Malay Muslim community is interested in reintroducing the Jual Janji transactions alongside the Islamic Banking system to afford recognition to the Malay customary practice. (that is incompliance with the Islamic principles). Discuss the amendments that need to be introduced to the National Land Code 1965 to regulate the creation of Jual Janji transactions. Support your answer with decided case law. (10 marks) b) Explain the concept of security transaction. Give examples. (5 marks)
  4. 4. 4 QUESTION 3 Lim entered into a sale and purchase agreement with Ah Hong to purchase a double storey link house belonging to Ah Hong for the amount of RM500,000.00. The sale is however, subject to a charge created by Ah Hong in favour of Maybank to secure a loan amount of RM300,000.00. Lim upon paying the deposit amount of RM50,000.00 to Ah Hong instructed his lawyers to enter a caveat to protect his interests. The caveat is entered pending the completion of all legal documentations that facilitate the registration of the title in favour of Lim. Meanwhile Ah Hong has defaulted in the repayment of his loan to Maybank as he was of the opinion that since he is selling the property to Lim, he needs not pay the loan. Lim’s loan documentation were delayed and the money to Maybank was not released on time. Maybank commenced foreclosure proceedings against Ah Hong. At the same time, the Registrar entered a Caveat on the request of the Inland revenue Department to restrain Ah Hong from dealing with the land as there are unpaid taxes due from his trading business carried under the name of Messrs Lim Eletronics Sdn. Bhd. Advise Maybank and Ah Lim on their rights. (15 marks)
  5. 5. 5 QUESTION 4 a. Explain the differences between a statutory charge and a common law mortgage. Support your answer with decided cases and statutory provisions. (7 marks) b. Explain the differences between the private caveat and prohibitory order. Support your answer with decided cases and statutory provisions. (8 marks)
  6. 6. 6 QUESTION 5 a. Enumerate and discuss the circumstances under which landowners could possibly challenge the acquisition of their land by the State Authority. Support your answer with reference to decided cases and statutory provisions. (8 marks) b. Enumerate and discuss the circumstances that should NOT be taken into account when determining assessment of compensation for land compulsorily acquired by the State Authority. (3.5 marks) c. What are the consideration that would be taken into account by the courts in determining the market value of a piece of land that is to be acquired by State Authority. (3.5 marks) QUESTION 6 Discuss the problems faced in managing stratified property in Malaysia. Make suggestions to improve the existing system. Support your answer with decided cases and statutory provisions. (15 marks)