Malaysia legislation

Section 103

of *NATIONAL LAND CODE (PENANG AND MALACCA TITLES) ACT 1963

Section 103

Upon the appointed day every pre-existing charge by way of legal mortgage of any customary land duly registered under the

Ordinance shall be deemed to be a charge duly registered under the

National Land Code:

Provided that—

(a)

subject to paragraph (b), every such charge shall continue to be subject to all the express and implied conditions thereof subsisting immediately before the appointed day;

(b)

notwithstanding any express or implied condition referred to in paragraph (a), the National Land Code shall apply to the discharge of any such charge and in relation to any remedies of the chargee thereunder;

(c)

notwithstanding the National Land Code, it shall be an implied condition of any charge deemed to be registered under this section that no chargee or other person shall have any right to enter into possession thereunder if he is not competent to hold such land under this Part.

76 Laws of Malaysia ACT 518