Malaysia legislation

Section 128

of Land Code, 1958

Section 128

The issue of new document of title in case of loss of original

⎯(1) In the event of any issue document of title being lost, mislaid or wholly or partly destroyed, the registered proprietor, together with other persons, if any, having knowledge of the circumstances, may make a statutory declaration as to the facts giving the names and descriptions of the registered proprietors and particulars of all charges or other dealings affecting the land and the title thereto.

(2)

The Registrar, if satisfied as to the truth of the declaration, may issue a new issue document of title which shall be an exact copy of the original document of title, or contain the same particulars, and shall also give particulars of every registered charge or other dealing that affects the land and the title thereto.

(3)

The Registrar shall at the same time enter in the Register notice of the issuing of the new issue document of title, and the date thereof, and the circumstances under which it was issued.

(4)

The Registrar before issuing the new issue document of title shall give at least one month’s notice of his intention so to do, and shall publish the same locally and also in the Gazette.

(5)

Every such new issue document of title shall be available for all purposes and uses for which the original issue document of title so lost, mislaid or destroyed would have been available, and shall be as valid to all intents as the lost issue document of title.

118

(6)

This section shall as far as they are applicable and with the necessary modifications, apply to any sublease or charge of which the outstanding duplicate has been lost, mislaid or destroyed.

Co-proprietorship