Malaysia legislation
Section 141
Section 141
Conditions for approval of partition
(1)
No partition shall be approved by the State Director or, as the case may be, Land Administrator unless—
(a)
each of the co-proprietors has either joined in, or consented to the making of, the application for its approval;
(b)
in the opinion of the State Director or, as the case may be, the Land Administrator, the area to be vested—
(i)
in each co-proprietor pursuant to paragraph (a), or subparagraph 140(1)(b)(i) is as nearly as may be proportionate to his undivided share in the whole; or
(ii)
in the continuing co-proprietors pursuant to subparagraph 140(1)(b)(ii) is as nearly as may be proportionate to the total of their undivided shares in the whole; and
(c)
the conditions specified in subsection 136(1) for approval of the subdivision of land are, mutatis mutandis, with the omission of paragraph (ca) and subparagraph (f)(i)
of that subsection, satisfied.
(2)
Subsection 136(2) shall, in cases of partition, apply with respect to the condition specified in paragraph (1)(h) of that section with the omission therefrom of subparagraph (b)(ii).
(3)
The State Director or, as the case may be, Land Administrator may, in the case of an application for approval of the partition of any land subject to the category “agriculture” waive the condition specified in paragraph 136(1)(h).
Application for partition by any co-proprietor 141a. Notwithstanding sections 140 and 141, any co-proprietor where other co-proprietors neither join in nor consent to the making of the application may apply for approval to partition the land.