Malaysia legislation
Section 46
Section 46
(a)
a document of original title relates to part only of a holding; or
(b)
two or more documents of original title relate to different parts of one holding, he may, instead of issuing the appropriate separate titles under sections 40 to 44 (referred to in this section as separate titles) issue a
40 Laws of Malaysia ACT 518
single replacement title for the holding (referred to in this section as a merged title).
(2)
Where the separate titles are of different kinds, then—
(a)
if there is a majority title and either—
(i)
it is superior to the other separate titles; or
(ii)
whether or not it is superior to the other separate titles, the proprietor and any mortgagees consent, the Director may issue a merged title in the same form as the majority title;
(b)
in any other case, the Director shall not issue a merged title but shall order the subdivision of the holding or make such other arrangements as appear to him to be appropriate in the circumstances.
(3)
For the purposes of this section the order of superiority of titles shall be as follows:
(a)
first, a grant (first grade);
(b)
second, a grant subject to conditions B and C in the
Third Schedule;
(c)
third, a grant subject to conditions A and C in the Third
Schedule;
(d)
fourth, a grant subject to condition A in the Third
Schedule;
(e)
fifth, a grant not subject to a condition in the Third
Schedule;
(f)
sixth, a lease subject to conditions B and C in the Third
Schedule;
National Land Code (Penang and Malacca Titles)
(g)
seventh, a lease subject to conditions A and C in the
Third Schedule;
(h)
eighth, a lease subject to conditions A in the Third
Schedule; and
(i)
ninth, a lease not subject to a condition in the Third
Schedule.
(4)
In this section “majority title” means—
(a)
a single separate title to the greater part of a holding; or
(b)
two or more separate titles of the same kind which together cover the greater part of a holding.
Estates in absolute possession