Malaysia legislation
Section 77
Section 77
(2)
Where a pre-executed instrument has before the appointed day been provisionally registered under section 6 of the
Registration of
Deeds
Ordinance, the
Director shall, notwithstanding subsection 9(3) of that Ordinance—
(a)
take the instrument into account provisionally in compiling the Interim Register, indication that he has done so by a suitable use of the word “provisional”; and
(b)
be deemed thereby to have entered a caveat having the same effect as a Registrar’s caveat entered under the
National Land Code.
(3)
Where an unregistered pre-executed instrument (not being an instrument provisionally registered under section 6 of the
Registration of Deeds Ordinance) is produced to the Director within one week after the appointed day and the Director is satisfied that the
National Land Code (Penang and Malacca Titles)
57
failure to effect its provisional registration under the Registration of
Deeds Ordinance or its registration under the Mutations in Titles to
Land Ordinance is not due to the negligence or default of the person or body presenting it, then—
(a)
if the Director is satisfied that all the following conditions are fulfilled:
(i)
that the boundaries of the holding to which the instrument relates have been surveyed and demarcated in the manner required by the
National Land Code;
(ii)
that the instrument is properly stamped; and
(iii)
that all rents, premiums, fees and other sums payable in respect of or in connection with the holding, and all fees payable in respect of or in connection with the instrument, have been paid, he shall register the instrument as if it were an instrument of dealing under this Act, and the registration shall be deemed to have been effective since the appointed day; and
(b)
if the Director is not satisfied, he shall enter a caveat in the relevant folio of the Interim Register, which shall have the same effect as a Registrar’s caveat entered under the National Land Code.
(4)
Where an instrument in respect of which a caveat is deemed to have been or has been entered under subsection (2) or (3) is presented to the Director within six months after the appointed day and the Director is satisfied with respect to the instrument that all the conditions specified in paragraph (3)(a) are fullfilled, he shall register the instrument as though it were an instrument of dealing under this
Act, and the registration shall be deemed to have been effective since the appointed day.
58 Laws of Malaysia ACT 518
(5)
The Director may extend the period of six months for the presentation of an instrument under subsection (4) by such further period or periods as he thinks fit if he is satisfied that—
(a)
the extension is necessary because of delay (not due to the negligence or default of the person or body presenting the instrument) in assessing or adjudicating stamp duty or in completing survey or the demarcation of boundaries; or
(b)
it is otherwise just and equitable to do so.
(6)
Nothing in the law relating to stamp duties shall be construed as requiring the Land Administrator to impound any instrument produced or presented to him in pursuance of this section.
(7)
In this section—
“deed or other instrument” excludes a trust or settlement, but includes a deed or other instrument vesting an estate in possession in accordance with a trust or settlement;
“pre-executed instrument” means a deed or other instrument executed before the appointed day and purporting to create, vest or transfer a pre-existing interest in a holding;
“unregistered” means not registered under the Registration of
Deeds Ordinance or the Mutations in Titles to Land Ordinance.
Instruments to be in prescribed form