Malaysia legislation

Section 142

of Land Code, 1958

Section 142

If transfer has been lost or has not been executed

Any person claiming to be rightfully entitled to any estate or interest in land by reason of the payment by him to the registered proprietor of the full amount agreed upon as purchase money and who has lost or inadvertently destroyed the instrument of transfer before registration thereof, or who has not obtained a registrable instrument of transfer executed by the registered proprietor and who, by reason of the continued absence of the registered proprietor from Sarawak

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without having appointed an attorney or because the whereabouts of the registered proprietor is unknown and it is not known whether he be alive or dead, is unable to obtain an instrument of transfer from the registered proprietor to replace the instrument that has been lost or destroyed or a registrable instrument of transfer, where one has not already been given, may apply to the High Court for an order declaring him to be entitled to the estate or interest claimed and to be registered as proprietor thereof and the Court, upon production of such evidence as it considers necessary and upon proof to its satisfaction that all the purchase money has been duly paid, may make such order accordingly. Such order shall be liable to stamp duty as an instrument of transfer.

CHARGES