Malaysia legislation

Section 183

of Land Code, 1958

Section 183

⎯(1)

The Registrar, on being served with a copy of a writ of execution or a judgment, decree or order of any court of competent jurisdiction and on being satisfied that an interest in land which is noted on the Register is affected thereby, shall mark on such copy the date of such service and enter a memorandum thereof on the Register, and no dealing with the interest, pursuant to such writ, judgment, decree or order shall be effected until the memorandum has been so entered.

(2)

After the interest has been dealt with pursuant to any such writ, judgment, decree or order, the Registrar shall, on presentation of an instrument in the appropriate form, register such instrument if presented within a period of six months from the date of service on the

Registrar, or within such further time as the Court which issued such writ, judgment, decree or order, as the case may be, may in any particular case for special reasons allow, in which case no other instrument dealing with the interest and presented after the service of the copy but before the presentation of the first-mentioned instrument shall be registered or be deemed to be presented for registration; but, if no such instrument is presented within the period of six months or such extended period as the Court may allow, the writ, judgment, decree or order shall cease to affect the interest.

[Am. Ord. No. 3/79.]

(3)

Save as provided in this section and in section 184, no execution or pending action shall affect any interest in land.

(4)

On the registration of transfer by way of sale pursuant to this section, the purchaser shall become the transferee and registered proprietor of the interest in all respects as if the transfer were a transfer for value by the registered proprietor.

(5)

For the purposes of subsection (2) “appropriate form”

includes a form provided by or under any enactment or any written law and, if no provision has been made, means the appropriate form provided by or under this Code.

146

Satisfaction of writ, judgment, decree or order to be noted on

Register

Section 183 — Land Code, 1958 | mylaw.my