This chapter is listed under Land Law II.
Containing:
1. Introduction
2. Creation & effect of LHC
3. Procedures to Enter LHC
4. Function of Registrar
5. Effect of LHC
6. Failure in caveating the land
7. Cancellation of LHC
Registrar's Caveat under Land Law II.
Contains;
1. Function of a Registrar
2. Effects of Registrar's Caveat
3. Who can apply for Registrar's Caveat
4. Remedy of an Aggrieved Party under RC
5. Cases involved
This chapter is listed under Land Law II.
Containing:
1. Introduction
2. Creation & effect of LHC
3. Procedures to Enter LHC
4. Function of Registrar
5. Effect of LHC
6. Failure in caveating the land
7. Cancellation of LHC
Registrar's Caveat under Land Law II.
Contains;
1. Function of a Registrar
2. Effects of Registrar's Caveat
3. Who can apply for Registrar's Caveat
4. Remedy of an Aggrieved Party under RC
5. Cases involved
Pengkelasan , penggunaan dan hak hak ke atas tanahIntan Muhammad
contents :
syarat nyata, tersirat dan kepentingan, kategori dan penggunaan tanah, law of forfeiture in malaysia and all rights given to proprietor
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Trust Caveat under Land Law II syllabus. Containing definition, nature and effect of Trust Caveat, Duration under Section 333 of the NLC. Express Trust also is included in this slide. Creation of Trust Caveat under NLC, its' effect & the person eligible in entering into Trust Caveat.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
2. INTRODUCTION
Referred as general/personal caveat entered on
RDT by Registrar upon application.
Protecting the Status Quo - Damodaran v
Vasudeva
A Procedure to freeze the position of the
claimant until dispute settled - Miller v Minister of
Mines
2
3. Effects of PC
Section 322(2) & (3)
Binding the said land / a particular interest in land.
Preventing dealings from happening including
certificate of sale on land.
Preventing LHC
Preventing endorsement of Tenancy exempt
granted by Registered proprietor.
3
4. Exceptions
Section 322(5)(a)&(b) - PC shall not prohibit the Registration/
Endorsement of any instrument where:
Application for endorsement was made by person/body at whose
instance the caveat was entered;
Theres consent by caveator in writing to the registration of
instrument.
No instrument effecting the land can be registered while it is in force. Entry
of caveat does not make claim/right better/worse. - Macon Engineers S.B
PC does not have effect in altering the ownership of land. MErely functions
as notice of a claim/ priority of claim. No restriction as to the numbers of
caveats may be entered. Priority is according to the order of
endorsement. - Eng Mee Yong v Letchumanan
4
5. Procedures - s.324
Filing Form 19B stating expressly whether caveat is
to bind land/ only a particular interest in land.
If to bind particular interest in land, caveator must
attach plan of the affected area.
Application be supported by Statutory affirmed by
caveator & the prescribed fees.
5
6. Registrar’s Duties
Section 322(1)(a) - Upon application by person in s.323, a private
caveat may be entered. Purely administrative in capacity.
If the application all being fulfilled, Registrar may enter it;
Form 19B completed, executed & attested,
Accompanied by a Statutory Declaration made by caveator,
Prescribed fees payable to Land Office.
Endorsement be made by Registrar provided in s.324 by specifying
date & time of entry.
Registrar have no discretion to reject application if all requirements are
fulfilled - Nanyang Development S.B v How Swee Poh
S.324 - PC will take effect upon endorsement on the RDT.
6
7. who can apply?
S. 323(1)(a)(b) & (c) : Has ‘caveatable interest’
• Person claiming title/registrable interest in
• Person claiming to be beneficially entitled under any trust
affecting land/interest
• Guardian/next friend claiming to be entitled under trust which
affects the land.
Must also be parties who are capable of affecting dealing with land/
interest with the land pursuant to:
• S.43 - Capacity of person who is allowed to deal w alienated land
• S.205(2) - Persons capable dealing with land
• S.433A - Provision is relevant to non-citizens
7
8. Caveat cannot be retained & can be removed by the Registrar (s.326)/ by court
(s.327)
To be caveatable, claim must represent claim that can lead in making a
substantive entry on the register, either because;
• interest will become registrable/
• it is for equitable relief by way of specific performance enabling registration.
If claim not represent transaction potential of registration, then claim is not
caveatable.
A personal claim that is enforeceable upon the owner & not land cannot be
caveated.
• in personam interest - purely personal & cannot bind the land by court relief.
• in rem/in personam & ad rem interest binds land without the neet to resort
to the court assistance - Bachan Singh v Mahinder Kaur
8
9. EM buxton & Anor v Packaging Specialists SB.
• Caveator agreed to but the caveated land but had defaulted which result in
forfeiture of deposit.
• Caveator refused to continue as 56% of the land was subject to land acquisition
notice.
• Caveator denied the right of vendor to forfeit the deposit & sought recovery.
• Propreitor wanted the caveat to be removed on grounds that the caveator has no
caveatable interest.
• Caveator claimed although his interest was unsecured debt, it had arisen out of a
land transactiion which should be caveatable.
• Cout held: Since the caveator does not claim under S.Perf it shows that he has no
interest in buying the land and thus cannot be said that his interest is capable of
being registered.
• Respondent caveator only has claim in personal against the applicant. Bcs caveat
is not a proper claim in protecting the claim as it is not capable of being
registered under Torrens System.
9
10. S.323(1)(a) - Referring 2 distinct circumstances giving rise
to caveatable interets
• 1st Limb - ‘any person…alienated land’
• Involving situation where claimant has no unregistrable
interest. However has possibility in substantive entry that
is to be entered in the RDT.
• Unregistered but registrable interest
• 2nd Limb - ‘any right to such title/interest’
• Claimant has unregistrable interest.Claim in its present
form not capable of causing substantive entry in the RDT
• Unregistered & unregistrable Interest.
10
11. Caveatable Interest - Exists if there’s right to title/registrable interest in land.
Holder of such right - acquire immediate right/ right which rise upon
completion of the registration of dealing.
Krishna Kumar v UMBC - Propreitor charged his land for funds however
defaulted. The 3p then agree to provide additional security, subject to
consent of 1st chargee. But consent was refused on basis that 2nd chargee
delayed in sending the docs to 1st chargee. 2nd chargee then caveated
land.
Goh Hee Sing v Will Raja & Anor - Held that no caveat can be entered on
basis that caveator did not have caveatable/registrable interests.
• since the permission from State Authority is important and it has not yet
been recive the purchaser has no valid contract and thus has no
registrable/ caveatable interest.
11
1st Limb
12. Miller v Minister of Mines
• It is clear that a personal claim enforceable only
against the registered propreitor but not to the
land cannot be caveated.
12
2nd Limb
13. s.323(1)(b) - If become beneficiary to the trust, then receive something
from the land, the person involved may enter into Private Caveat.
• Beneficiary must show existence of trust affecting the land & that
claimant is beneficially entitled
• If B, is a minor, the caveat may be entered by his guardian/next friend.
• Can be given by Registrar
• Can enter into Trust Caveat if require him to prevent dealings on the
trust property.
Khoo Teng Seong v Khoo Teng Peng - The executor wished to sell the land
to a company. Beneficiary wish to stop S&P as it was sold under the
market value. Court hedl that tehre is no beneficiary as the land was solely
given to B.
13
C.I - Express trust
14. Caveating own land
Expressly provided to be available to persons
specified in S.323(1)
Generally : Registered propreitor is prohibited from
caveating his own land UNLESS can show existence of
an interest to that arising beyond his legal
propreitorship. ( A serious q to be tried)
2 Views ;
1. EU Finance Bhd
2. Hiap Yiak Trading SB & Ors v Hong Soon Seng SB
14
15. eu finance bhd
Cannot seek caveat upon own’s land because;
• A Registered P is a person who relies on his status as a
registered p must necessarily be a person who already posses
title/interest in land.
• & not merely person claiming title/interest.
• Must be a matter of logic be excluded s.323(1)
• Registered P must establish some se of circumstances which
gives rise to a distinct interest in the land distinguishable from
which he holds as registered proprietor.
• Syarofah Mastura’s case - In order to sustain, the person involved
whill have to show that there’s a pendinf issue to be tried on.
15
16. Hiap Yiak Trading SB
Contrary view as case decided before, where a
Registered P may caveat his own land provided that
he seek the discretion of the Registrar to enter into
RC.
Boonsom Boonyayit
16
17. Question
Can specific portion of lanf be lodge w pc to protect his interest?
• Since the caveator has it’s own portion, he may be still caveat the
whole land.
• But must specify that the portion of the land is subjected to any
restrictions available.
N. Vangedasalam v Mahadevan & Anor - The appellant in this case had
claimed an interest in a portion in a piece of land and brought an
action for specific performance against the registered proprietor so
that the portion in question could be transferred to him. He had also
entered a caveat against the land. When the registered owner of the
land died, his personal representatives applied to the court to have the
caveat removed and the trial judge allowed the application.
17
18. Question
Appeal - Held that a person claiming interest in specific portion of land may
caveat whole land. But must states expressly the the caveat is only to cover the
particular interest of the land.
Amendment s.322(1) - That cannot caveat the whole land. (After the amendment
but before the 2001 amendment)
Settled in Chor Phaik Har’s case - Even it is true that the claimant may not caveat
the whole land but the wording does not say anything about the validity of caveat
over whole land. Those effect is limited to protect claim to a registrable interest in
a portion/undivided share. And therefore, it can be caveat upon whole land.
• Amendment 1985 does not say about whole land and thus the whole land
can be bind.
• Amendment 2001 - Allows caveat whole land but must write/attach the plan
of land affected/
18
19. Duration of PC
s.328(1) - Remain in force 6 years after that the
caveat lapse and cease to have effect.
If extend, application must be made within 6 years -
Goh Keng How v Raja Zainal Abidin bin Raja Hussin
19
20. Removal of pcRemoval can be made before and after lifespan (6 years lapse)
If before, can be made removal by:
1. s.325 - Caveator (Form16G+reasons)
• Inform the Registered proprietor
2. 2.326 - Registrar
• Applicable to registered interests
• Apply to Registrar Form 19H But 19C given to the caveator.
• App be made before the registration of a dealing by caveator/party w consent
of caveator - S.322(5)
3. s.327 - Court
• Applicable for aggrieved party to apply to court
• Taken by person who has no standing under s.325 or under s.326
• Usually the one applied, has the BOP. However in this part, it differs from the
originality.
20
21. Removal of pc
Unregistered Interest holder does not have the right to
apply removal of pc - Tan See Hock v Development &
Commercial Bank
Because he was not recognised under the Torrens
System.
Compensation be made to any person who suffers
damage/loss
21