Indefeasibility Of Title Malaysia
Registration to confer indefeasible title or interest except in certain circumstances.
Indefeasibility of title malaysia. Immediate indefeasibility means that an immediate purchaser of title interest will have indefeasible title notwithstanding that the title interest was obtained pursuant to vitiating circumstances. In peninsular malaysia the law governing land matters is embodied in the national land code 1965 nlc. Walker had an indefeasible title as he was a bona fide purchaser for value without notice. Land law malaysia indefeasibility of title indefeasibility of title.
Meaning of good faith introduction in peninsular malaysia the law governing land matters is embodied in the national land code 1965 nlc. The nlc provides for the torrens system of title by registration it is the act of registration that confers title to or interest in land. One of the main feature of our torrens system is indefeasibility of title which means once the land is registered as your no one can say it isn t. Land law indefeasibility.
The nlc provides for the torrens system of title by registration it is the act of registration that confers title to or interest in land. Court held that mr. Zaki azmi chief justice malaysiaand arifin zakaria cj held that section 340 1 of the nlc confers an immediate indefeasible title or interest in land upon registration subject to the exceptions set out in s340 2 and 3. 2 the title or interest.
An interesting reading with respect to the concept of indefeasibility of title is the case of kamarulzaman bin omar ors v yakub bin husin ors 2014 2 mlj 768 wherein the federal court affirmed the doctrine of deferred indefeasibility in malaysia and emphasised that section 340 3 of the nlc is applicable only to a subsequent bona fide purchaser for valuable consideration. Brief study of malaysia s land law and the issue of indefeasibility of title. Section 340 2 national land 1965 though provided for some exception to it prompting some writers to define it as to mean malaysia practised deferred indefeasibility of title. Indefeasibility under the national land code 1965 the relevant parts that concern the principle of indefeasibility in malaysia is spelt out in section 340 of the nlc as follows omissions made for brevity section 340.
Registration immediately establishes indefeasibility except in cases of fraud.