2. INTRODUCTION
Sec. 92 – after registration of title, the
proprietor has the right to:
a. subdivide;
b. partition; and
c. amalgamate
3. a. SUBDIVISION
a process the breaking up of an alienated
land held under a final title.
Held under a single title into 2 or more
portions;
Each land to be held by the same
proprietor or co-proprietors;
Upon completion of the subdivision,
portions will be held under separate titles.
4. Who can apply ?
Sec. 135(1)
The registered proprietor of alienated land
held under:-
Registry or Land Office title; or
Qualified title in continuation of final title
(where an application is made to further
subdivide a subdivided portion and the
boundaries has yet to be surveyed)
can apply for subdivision.
5. Whoapprove the application?
Sec. 135(2) –
Registry title (land held under RT) – state
director
Land office title – land administrator.
6. Effects of subdivision:-
Title will be issued for new portion
The existing title is no longer effective
Name of proprietor or co-proprietor will
appear in all the titles;
There is no termination of co-proprietorship
7. What are the conditions to be
adhered to by applicant?
Sec. 136 – subdivision shall only be
approved if following conditions are
satisfied:-
1. Subdivision would not contravene any
other written law and if there is any
requirement to be complied with by
such law, have been complied.
2. Approval from the planning authority
obtained;
8. … continue
3. Subdivision would not be contrary to any
state plan for that area;
4. Subdivision has consent from any
body/authority specified by the SA, if any;
5. No outstanding in any item of land revenue;
6. Any person/body who has registered
interest on that land has consented in
writing to the application of subdivision.
9. How to apply?
Sec. 137-
In writing to the Land Administrator in F 9A
and shall be accompanied by;-
- Prescribed fees
- A plan of land which includes detail of
subdivision and such number of copies
required
- Consent from other authority
- Consent from person/body having interest
in the land
- Upon receiving the application, LA will
make endorsement on the RDT
10. Approval – sec. 138
If all conditions are satisfied, LA shall
approve the application or need
modification.
LA shall inform proprietor of the approval
and payment to be made to him by the
proprietor;
- survey fees;
- Fees in respect of the preparation and
registration of final title to the sub-divisional
lots.
If the application is rejected, LA shall
notify proprietor and shall cancel the note
endorsed on the RDT
11. b. PARTITION - sec. 140
1. What is partition?
Involves the dividing of land into
portions;
Each co-proprietor has a separate title
to that portion.
12. 2. What are the effects of
partition?
The existing title is no longer effective;
Land will be divided into more than 1
portion
Co-proprietor will terminate; and
Each co-proprietor will have his own
separate title.
13. Who may apply?
Any two or more persons as co-proprietors
of alienated land held under Registry or
Land Office title
Proprietor, holding a final title
14. Sec. 141 – conditions for approval
Application shall only be approved by SD
or LA if :
If each of the co-proprietor has either
joints in or consent to the application;
The area will reflect the proportion
referred to the original final
title/proportionate to his undivided share
in the whole;
Conditions as imposed under sub-division
in sec. 136(1)
15. Sec. 141A – application Majority
Majority Proprietors
A co-proprietor holding majority share in
the land may apply for partition
16. Sec. 142 – how to apply?
In writing to LA in Form 9B and to attach
plan and consent from who has
registered interest. The LA shall endorse
the application on the RDT.
If application is made by majority co-proprietor,
LA shall notify the other co-proprietor
for any objection (if any) within
28 days.
17. …continue
Upon expiry of the 28 days period, the LA
shall:-
Notify applicant and other co-proprietors
where there are objections that inquiry will
be held at a time and place specified:-
- if satisfied that good grounds exist,
reject the application;
- if otherwise, approve, LA may approve
application
If there are no objections, the LA may
approve application.
18. Sec. 143 – Powers of LA in
application
If LA is satisfied that all conditions
imposed, he shall approve and notify
each of the co-proprietors of the
approval and call upon the co-proprietor
to pay within a specified time:-
- survey fee, if any
- Fee for preparation and registration of
F.T to each portion.
19. … continue
If not, LA shall reject application and
notify the co-proprietor, Then LA shall
cancel the note endorsed on RDT
20. Issue of title to individual portions
sec. 144
Once partition has been completed, a
new title will be issued.
21. What if there is co-proprietor
refuses to partition?
Sec. 145 –
Co-proprietor are unable to agree to
partition,
Those wishing to partition may apply to
the High Court for an order to partition.
22. How does court assist?
The court may order:-
Land to be sold and the proceeds be
shared according to the shareholding of
each co-proprietor;
Land to be sold if it difficult to partition the
land lots of appropriate size;
The share of a co-proprietor wishing to
partition be transferred to those
co=proprietor who do not wish to partition
subject to compensation/price paid
23. When to refer matter to
court
If the majority shareholder wishes to
partition but any one of co-proprietor
refused to do so, they can straight apply
to court and not necessary to the LA.
Ku Yan bt Ku Abdullah v. Ku Idris b. Ku
Ahmad (1991) 3 MLJ 439
24. Subramaniam & Ors v.Inderjit Kaur
d/o Karnail Singh & Anor. (1997) 3
MLJ 366
Disagreed with the decision in Ku Yan’s
Case. Judge’s opinion:-
Sec. 145(1)(a) – is where minority holders
intends to apply to the LA for partition but
one of the c0-proprietor refused to
consent to it.
Then, minority may apply to court under
Sec. 145(1)(a). This applicant must first
satisfy the cout that he did not get the co
—operation of the co-proprietors;
25. … continue
The majority s/holder of the land on the
other hand, must first apply to he LA
under sec. 141A for partition.
They are not required to obtain consent
of other co-proprietor as stated in Sec.
142(1)(e)
If application for partition is rejected by
the LA, he may come to the court to
appeal under sec. 418 of NLC. Sec. 418 is
a right to appeal given to any party
aggrieved (treated unfairly) by the
decision of the Registrar/LA.
They must apply direct to the court for
partition.
26. 3. AMALGAMATION
SEC. 140
what is amalgamation?
Involves the combination of two or more
contiguous/adjoining lots of alienated
land
The lands are under separate titles.
When combined, the land will be held
under single title.
27. Approving authority – sec. 146(2)
Lots to be amalgamated if held under
Land Office Title and combined are will
not exceed 4 hectares – approval made
be LA.
28. Effect of amalgamation
Single title will be issued
Name of all proprietors will appear in title
together with shareholdings;
Existing titles have no more effect
29. Process of amalgamation – sec.
147(1)
Amalgamation shall only be approved by
the SD/LA
If condition in sec. 136(a)-(g) are satisfied
30. When will sanction from SA is
needed for approval?
Sec. 147(2)
Where the lots to be combined are held
under Land Office Title and after
combined exceeds 4 hectares
31. … continue
Where the combined lots are held partly
under Registry Title land partly under Land
Office Title.
Any dissimilarity exists between any of the
lots in respect of:
The periods for which they are held - one
title may be for 99 years another may be
in perpetuity.
32. …continue
Rates of rent payable – one title may cost
RM50.00 and another may be RM20.00
Categories of land use/conditions and
restrictions in interest – one title maybe for
agriculture and another may be for
industry.
SA shall direct amalgamation be
approved with new conditions as it may
think fit to overcome the dissimilarity.
33. Application for approval
section 148
Application in F9C and prescribed fees
and plan of lot to be amalgamated and
any approval required under any written
law and consent from any interested
party.
Upon receiving application, LA shall
endorse a note on RDT.
