Malaysia legislation
Section 47
Section 47
(a)
in any person, such person shall, subject to paragraphs
(b)
and (c), be registered in the Interim Register as the proprietor thereof;
(b)
in two or more persons as tenants in common, such persons shall be registered in the Interim Register as proprietors of undivided shares therein, proportionate to the pre-existing interest of each such person;
(c)
in two or more persons as joint tenants, such persons shall be registered in the Interim Register as co-proprietors thereof, “with a right of survivorship”.
(2)
In this section—
42 Laws of Malaysia ACT 518
“estate in absolute possession” means an estate in possession arising under any pre-existing interest, other than one acquired by adverse possession, and which—
(a)
is not the subject of a settlement:
Provided that for the purposes of this section an instrument creating a pre-existing joint tenancy in land shall not be deemed to constitute a settlement;
(b)
does not arise under a mortgage; and
(c)
does not arise by way of lease other than by an assignment for the unexpired term of any pre-existing lease granted by the State, and includes the estate of a trustee for sale.
(3)
Paragraphs (1)(b) and (c) shall apply, with such modifications as the Director may consider necessary, for the purpose of entering in the Interim Register the interests of any co-owners of any pre-existing estate other than a pre-existing estate in absolute possession.
Leaseholds