Malaysia legislation
Section 145
Section 145
Power of Court to facilitate termination of co-proprietorship
(1)
Where, in the case of any land vested in co-proprietors—
(a)
any of the co-proprietors will neither join in, nor consent to the making of, an application for partition under this
Chapter; or
(b)
by reason of the operation of paragraph 136(1)(f)
(as applied by section 141), partition of the land between all of the co-proprietors is incapable of being approved under this Chapter, the Court, subject to and in accordance with the provisions of any law for the time being in force relating to civil procedure, may, on the application of any of the co-proprietors, make such order as it may think just for the purpose of enabling the co-proprietorship to be terminated.
(2)
Without prejudice to the generality of the power conferred by subsection (1), the Court may on any application under that subsection order—
(a)
that, subject to the making between the co-proprietors of such payments as the Court may consider equitable having regard to the comparative values of the individual portions thereby proposed, any application for partition made by one or more of the co-proprietors in the terms specified in the order shall be deemed for the purposes of this Chapter to have been made by them all;
(b)
that the undivided share of any of the co-proprietors be transferred on the terms specified in the order to the other co-proprietors, or to any of them; or
(c)
that the land be sold.
180
Act 828
National Land Code 255
Provisions of the
National Land Code
Modification
Provisions of the
National Land Code
Modification
Section 146
In its application to the Federal Territory of Labuan—
(1)
in the shoulder note, delete the words “or Land
Administrator”;
(2)
in subsection (1)—
(a)
delete the words “or Land Office” and
“or Land Administrator, as provided by subsection (2)”; and
(b)
in the proviso, substitute for the words
“mukim, town or village” the words
“town land or country land”;
(3)
delete subsection (2).
Section 147
In its application to the Federal Territory of Labuan—
(1)
in subsection (1)−
(i)
delete the words “or, as the case may be,
Land Administrator”; and
(ii)
substitute for the words “in any of the circumstances” the words “in the circumstances”;
(2)
substitute for subsection (2) the following subsection:
“(2)
The circumstances mentioned in subsection (1) refer to situation where any dissimilarity exists between any of the said lots in any of the following respects:
(i)
the periods for which they are held;
(ii)
the rates at which rent is payable;
(iii)
the categories of land use, conditions and restrictions in interest to which they are subject.”;
Act 828
National Land Code
National Land Code 257