Malaysia legislation
Section 171
Section 171
Vesting orders of court
Where the vesting of any land or estate or interest therein in any person has been made pursuant to an order of a court of competent jurisdiction or under any written law in force in the
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Federation or any part thereof, the person who is entitled to the land or estate or interest therein may, subject to subsection (3), lodge an application in Form N(1) in the First Schedule with the Registrar to give effect thereto:
Provided that no Order of the Court vesting any land or estate or interest therein in such person shall affect such land or estate or interest therein until it has been registered pursuant to this section.
(2)
The Registrar shall, upon receipt of the application lodged under subsection (1) and upon being satisfied that the necessary stamp duty has been paid, make an appropriate entry in the Register, the document of title and such other documents as may be necessary that the land or estate or interest therein has been vested in the applicant without being concerned to inquire into its regularity or validity, and upon that entry being made, the land or estate or interest therein shall be vested in the applicant (subject to such subsisting charges, caveats, covenants, conditions or restrictions, if any, as may be binding on the applicant) on the date of the entry in the Register. The Registrar shall also record the like particulars on the relevant documents of title, charge, caveat or other instruments submitted or affected thereby.
The instruments so entered in the book of the registry shall thereupon be as valid and effectual as if they have been registered in accordance with Part VII.
(3)
The applicant shall, when applying to the Registrar under subsection (1), submit to the Registrar⎯
(a)
the relevant legislation to which the application is founded on;
(b)
the relevant document of title of the land affected;
(c)
a certified copy of the relevant Court order vesting the land or estate or interest therein in the applicant; and
(d)
any other document to prove that the applicant is legally entitled to be vested as the proprietor of the land or estate or interest therein.
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(4)
In the case of any instrument registered in accordance with this section, a certificate from the Registrar declaring the applicant to have been so vested and registered as proprietor of the land or estate or interest therein or as a person named in the instrument, charge or caveat registered, shall be conclusive proof of the registration.
[Sub. Cap. A17.]
Production of Certificate of Transmission by Probate Officer