Malaysia legislation

Section 120

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

Section 120

Authority, by order—

(1)

Any person may, on payment of such fee and subject to such conditions as may be prescribed, inspect and take notes of or extracts from—

(a)

the Interim Register or any instrument of dealing or application presented or made to or in the custody of the

Director; or

National Land Code (Penang and Malacca Titles)

(b)

the former registers and any document of original title or pre-existing deed which is in the possession or under the control of the Director.

(2)

The Director may refuse to make the Interim Register available for inspection under subsection (1) where he is satisfied that, by reason of the pressure of business or otherwise, it would be difficult or inexpedient to do so:

Provided that, if he makes such a refusal in respect of a person who is a bona fide prospective purchaser of a holding, he shall issue to that person on request (without any charge other than the fee payable under that subsection) a copy of the relevant folio of the Interim

Register made by photographic or other suitable means.

(3)

Subject to subsection (6), any person may apply to the

Director for an official search of the former registers and the Interim

Register in respect of any holding, and where any such application is made—

(a)

the applicant shall supply in writing such particulars of the proposed search as are required by the Director; and

(b)

the Director, on receipt of the particulars and the prescribed fee, shall cause the search to be made and shall issue to the applicant a certificate of the result of the search of the former registers; and either—

(i)

a certificate giving, with the necessary modifications, the same information as a certificate issued under section 385 of the

National Land Code; or

(ii)

if he thinks fit, a copy of the relevant folio of the

Interim Register made by photographic or other suitable means.

(4)

Subject to subsection (6), any person may apply to the

Director for a copy of the folio of the Interim Register relating to a

92 Laws of Malaysia ACT 518

holding, and on receipt of an application in that behalf and the prescribed fee the Director shall issue to the applicant a copy of the relevant folio made by photographic or other suitable means.

(5)

Certificates and copies issued under this section shall be signed and sealed by the Director and shall be receivable in legal proceedings as prima facie evidence of the matters contained therein.

(6)

This section shall cease to apply in relation to a holding when its title becomes indefeasible under this Act.

(7)

In this section “the former registers” means all registers, books, records, indexes and other documents formerly in the possession or under the control of the Registrar of Deeds of the State which are in the possession or under the control of the Director as a result of the operation of this Act.

Title in continuation and procedure on subdivision