Section 140
Director, Land Administrator or State Authority
of National Land Code (Revised - 2020)
(1)
Any alienated land which is held under Registry or Land
Office title by two or more persons as co-proprietors may, by agreement between those persons and with the approval under this
Chapter of the State Director or Land Administrator, as provided by subsection (2), be partitioned—
(a)
so as to vest in each of them, under a separate title, a portion of the land of an area proportionate as nearly as may be to his undivided share in the whole; or 173
(b)
where two or more of them are to continue as co-proprietors, so as to vest—
(i)
in the remaining co-proprietor or, as the case may be, each of such co-proprietors, under a separate title, a portion of the land of an area proportionate as nearly as may be to his undivided share in the whole; and
(ii)
in the continuing co-proprietors the remainder of the land under a separate title.
(2)
In the absence of any direction to the contrary by the
State Authority, the approval required by subsection (1) shall be given—
(a)
by the State Director in the case of land held under
Registry title; and
(b)
by the Land Administrator in the case of land held under
Land Office title.
(3)
If the alienated land referred to in subsection (1) is subject to the category of “agriculture” or to any condition requiring its use for an agricultural purpose and is—
(i)
two-fifths of a hectare; or
(ii)
less than two-fifths of a hectare;
the co-proprietors referred to in that subsection may, by agreement between them and with the approval of the State Authority as provided by section 143a, partition the land.
174
Act 828
National Land Code 247
Provisions of the
National Land Code
Modification
Provisions of the
National Land Code
Modification
Section 141
In its application to the Federal Territory of Labuan—
(1)
delete the words “or, as the case may be, Land
Administrator” wherever they appear;
(2)
in paragraph (1)(b), delete the words “or, as the case may be, the Land Administrator”.
Act 828
National Land Code
National Land Code 249