KELANTAN LAND SETTLEMENT ACT 1955

Save as hereinafter expressly provided, nothing in this Act shall be deemed to apply to State land or land reserved for a public purpose.

Interpretation

In this Act, unless the context otherwise requires—

“claimant” means a person who claims—

For a period of six months from the date of such notification no person shall transact any dealing in land in such area and the registration, other than in pursuance of an order made under this

Act, of all transfers, transmissions, charges, caveats or dealings in such land shall be suspended:

Provided that from time to time the Ruler in Council may extend the said period for so long as is deemed necessary:

Provided further that the foregoing provisions of this subsection shall not apply to—

A copy of such notification shall be posted at such place of public resort and at such other places as may be prescribed.

The Settlement Officer shall on the date notified proceed to record claims from claimants in the manner prescribed and may record a claim on behalf of any person, whether present or not, who appears to him to have a claim to any interest in land.

After recording the claims the Settlement Officer shall deliver the record to the District Officer who shall within the Settlement

Area notify the date, time and place of inquiry into the claims.

The District Officer shall in so far as may be practicable cause all claimants to be notified personally of the date, time and place of inquiry and of such particulars of any adverse claim as the District Officer may think necessary to enable justice to be done.

Duties of District Officer at public inquiry

The claimant may appear in person or by an agent authorized in writing or appointed before the District Officer, and shall produce to the District Officer any instruments affecting the land or interest which he claims.

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In relation to wakaf land the representative of the Majlis appointed in writing by the Majlis may appear.

No advocate or solicitor shall be entitled to appear on behalf of any party in any proceedings before the District Officer under this Act, except with the permission of the District Officer, who may grant or withhold such permission in each case as he thinks fit.

Land forming part of small estates

When exercising within a Settlement Area the powers of a

Collector under the Small Estates (Distribution) Act 1955 the

District Officer shall be deemed to be the Collector of the district where the greater part of the property is situate for the purposes of subsection 4(2) of the Small Estates (Distribution) Act 1955.

Proprietor in possession

Whenever the District Officer is satisfied that the person in possession entered into possession as tenant, chargee or otherwise than as owner, by leave or licence of or on behalf of any person not being the proprietor who claims to be entitled to such land or any interest therein he shall make a finding to that effect and, in the manner prescribed, make an order, which shall be presented to the Registrar.

Upon receipt of such order the Registrar shall furnish the person in possession or, where appropriate, the person under whom or by whose licence the person in possession entered into possession, with the appropriate document of possessory title.

Powers of District Officer

any proprietor of land exceeding ten acres in area held under Land Office title to receive a Registry title in respect of the land in place of the Land Office title; or

any proprietor of land not exceeding ten acres in area held under Registry title and not being town or village land to accept a Land Office title in respect of the land in place of the Registry title.

Where it appears to the District Officer that there may have been a breach of express conditions imposed under or conditions and obligations implied by virtue of the Code or a previous land law, he may by order direct the Registrar before furnishing, issuing or reissuing any document of title, subject to any direction of the

Ruler, exercise the powers conferred on the State Authority by section 124 of the Code.

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Effect of possessory title

no suit, action or proceeding under the Code or otherwise may be brought by any person to establish any claim to ownership of or interest in the land if such claim existed prior to the date of the registration of possessory title unless such suit, action or proceeding is commenced before the expiration of eighteen months from the date of such registration;

if any such suit, action or proceeding as is referred to in paragraph (a) any judgment or order is given for the recovery of the registration as proprietor of the land in favour of the proprietor or person entitled to be registered as the proprietor of the land the subject matter of the suit, action or proceeding, the interest therein of the holder of the possessory title and of his successors and all interests created thereunder shall cease from the date of registration of the judgment or order:

Provided that he shall be deemed to have been entitled to the revenues of such land until the date of such registration unless the Court or Officer making the order shall otherwise direct;

if in any such action or proceeding a judgment or order is given or made in favour of the person claiming any other registerable interest in land such interest shall be registered against the possessory title in accordance with such judgment or order;

subject to section 12, a minor or person under disability may, within three years of his ceasing to be a minor or to be under a disability or within 25 years of the registration of the document of possessory title, whichever shall be the shorter, bring an action or proceeding under the Code to establish his interest in such land:

Provided that if the action is brought after the expiration of eighteen months from the date of registration of the document of possessory title a bona fide purchaser for value of land from the holder of a possessory title who has no notice, express or implied, of the claim of any minor or person under disability to any interest in such land shall take such land free of the interest of any minor or such person therein;

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subject to the right of the proprietor or person entitled to be registered as proprietor or entitled to any other registerable interest in land to obtain a judgment or order in accordance with the provisions of the previous paragraph the holder of the possessory title or his successors shall be deemed to be the owner of the land and upon the expiration of the said period shall have an indefeasible title to the land within the meaning of section 340 of the

Code;

any minor or person under disability who has suffered loss by operation of the proviso to paragraph (d) shall be entitled to recover from the vendor the value of the purchase price or other consideration received by the vendor from the purchaser if action is brought within the period prescribed in paragraph (d).

Save as by this Act otherwise provided, a possessory title shall be treated in the same manner as any other title for the purpose of the Code or any other written law.

Power of District Officer to impose conditions on possessory title

The District Officer may waive any estate duty or estate duty fee payable upon an order or grant issued, in relation to a small estate in a Settlement Area.

Nothing in this section shall affect the right of any person to institute any suit or proceedings or to bring any action under section 10.

No appeal to the High Court shall operate as a stay to the registration of interests under an order made by the District Officer.

Rules

The Ruler in Council may make rules for carrying into effect the objects of this Act and in particular for all or any of the following purposes: