“Dealings” definition in section 5
Any transaction with respect to alienated
Effected under the powers conferred under
Does not include any caveat or prohibitory
2. Lease and tenancy
3. Charge and lien
S 205 (1) Dealings capable of being registered
are those in Parts Fourteen to Seventeen
No title or interest in land will be created
until the instruments affecting these
dealings have been registered.
Dealings not capable of registration:
1. Tenancies exempt from registration (TER)
Every dealing shall be effected by the
relevant instrument prescribed for that
Must be properly registered.
Must comply with SS 207-212.
F 14A-17C (1st schedule NLC)
Execution of instrument of dealings. S 210
By the parties, or
Person acting under power of attorney.
Signing or affixing thumbprint.
Attestation S 211
Torrens system: a land administration system
based on registration
Registration the cornerstone of the
Title/interest by registration
To overcome the defects of the Deeds
T. Damodaran v Choe Kuan Him  2 MLJ
“The whole purpose of the system is to get
away form the complicated system of rules
which in England regulate dealings with
land, particularly those relating to such
matters as notice of encumbrances…”
Teh Bee v K Maruthamuthu:
The New Zealand case of Fels v Knowles was
“Under theTorrens system, the register is
The court laid down the principle that the
Torrens system was intended to provide
immunity of the registered proprietor from
S 205: Dealings capable of being effected.
S 206: Dealings must be effected by a proper
instrument of dealing, must be registered.
No need to registerTER and lien.
S 207: Instrument of dealing shall be in the
forms in the First Schedule. (eg Form 14A for
transfer, Form 16B for charge etc.)
S 206: Need for proper instrument of dealing duly
(1) Subject to the following provisions of this section-
(a) every dealing under this Act shall be effected by
an instrument complying with the requirements of
sections 207 to 212; and
(b) no instrument effecting any such dealing shall
operate to transfer the title to any alienated land
or, as the case may be, to create, transfer or otherwise
affect any interest therein, until it has been
registered under Part Eighteen.
(2)The provisions of sub-section (1) shall not
(a) the creation of, or other dealings
affecting, tenancies exempt from registration
(which may be effected, instead, as mentioned
in subsection (2) of section 213); or
(b) the creation of liens (which may be
created, instead, as mentioned in section 281).
(3) Nothing in sub-section (1) shall affect the
contractual operation of any transaction
relating to alienated land or any interest
Unregistered charge: Mahadevan v Manilal
An agreement to secure a debt in favour of
the creditor in respect of the debtor’s land
creates an equitable charge giving rise to an
equitable right in favour of the
creditor, although no charge or lien within the
provisions of the NLC…is created
Instrument of dealing is presented to the
He notes the time of presentation (S 292).
Instrument is accompanied by registration
fee (S 293) and is duly stamped (S 294)
He enters the particulars of the instrument in
the Presentation Book. (S 295)
See whether fit for registration, i.e. that
certain requirements are complied with under
Register the dealing in the manner stated
under SS 304-308.
The Registrar shall register any instrument by
making a memorial on the register document of
title under his hand and seal.
Mohamad bin Buyong v Pemungut HasilTanah
“the making of a prescribed memorial of the
dealing in the register document of title under
the hand and seal of the registering authority”
In that case, an entry of a transfer on the RDT
was not signed.
It constituted a “bare entry”.
Since it was not signed by the Collector, there
was no registration effected.
Making a memorial on the RDT.
The memorial shall consist of (S 304(3)):
a short description of the nature and effect of the instrument,
a statement of its number in the Presentation Book,
the reference under which it is to be filed,
the time and date of registration.
Making a memorial on the instrument itself
completing the Heading under Form 13A (to be inserted in all forms of
dealings) under his hand and seal.
Section 304 (4):
Every memorial of registration made…shall be conclusive
evidence of the registration to which it refers and the effective
time and date thereof.
“The Registrar shall not register an instrument until
every instrument presented prior thereto, and
affecting the same land or interest, has been
registered, rejected or withdrawn”.
In other words, the Registrar shall not enter a
second registration until he has settled the
Every instrument of dealing must be registered
in the order of time in which it is presented for
Mohammad bin Buyong
There were several transactions that were sought to
be effected over the same land.
Issue:Whether LA can register the transfer while entry
of an earlier transaction remained on the land?
HashimYeop Sani J:
“on the facts of this case, the words “shall not register”
appearing in section 300(1)(a) of the Code are merely
directory and not mandatory and it is also my view that
the apparent failure on the part of the registrar to comply
with this section does not invalidate the registration…”
However, inTeo’s book mandatory
Section 300(1) expressly lays down the
principle that every instrument of dealing
must be registered in the order of time in
which it is presented for registration.
The view of HashimYeop Sani J in
Mohammad Buyong should be confined to
the facts of the case.
Matters for consideration:
S 297: registrar to determine whether fit for
If fit for registration, Registrar may register it.
If not fit for registration, proceed to S 298 or
suspend registration in order to rectify the error, or
reject the instrument my marking it with the word
“Rejected” and return it with a note of the reasons for
When is an instrument fit for registration?
When it fulfills the conditions under Section
(eg attestation, not contrary to law, not
contrary to any restriction in
interest, stamped etc)
Nature of the Registrar’s duty
administrative S 302, S 303.
Section 380 circumstances where the
Registrar may make corrections on the
document of title or instrument.
Registrar is required to maintain the
“Correction Notebook” where he shall record
details of all corrections made.
Registrar must endorse on the instrument the
reason thereof and the date it was effected.
Corrections cannot be made by erasing any
words or figures.
The error or omission referred to in Section
380(1)(a) is confined to those made by the
Registry of LandTitles and not to those made
by the parties in the instrument of transfer.
See also Mohammad bin Buyong
Confers an indefeasible title or interest.
i.e. a title/interest which is free from all
adverse claims or encumbrances not noted
on the register.
Will be discussed in the next lecture on