National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 2 · Partition of lands
145. Power of Court to facilitate termination of co-proprietorship
Feedback & supportWhere, in the case of any land vested in co-proprietors—
land
“land” includes— (a) that surface of the earth and all substances forming that surface; (b) the earth below the surface and all substances therein; (c) all vegetation and other natural products, whether or not requiring the periodical application of labour to their production, and whether on or below the surface; (d) all things attached to the earth or permanently fastened to anything attached to the earth, whether on or below the surface; and (e) land covered by water;
any of the co-proprietors will neither join in, nor consent to the making of, an application for partition under this
Chapter; or
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.
Without prejudice to the generality of the power conferred by subsection (1), the Court may on any application under that subsection order—
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;
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
that the land be sold.
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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—
in the shoulder note, delete the words “or Land
Administrator”;
in subsection (1)—
delete the words “or Land Office” and
“or Land Administrator, as provided by subsection (2)”; and
in the proviso, substitute for the words
“mukim, town or village” the words
“town land or country land”;
delete subsection (2).
Section 147
In its application to the Federal Territory of Labuan—
in subsection (1)−
delete the words “or, as the case may be,
Land Administrator”; and
substitute for the words “in any of the circumstances” the words “in the circumstances”;
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:
the periods for which they are held;
the rates at which rent is payable;
the categories of land use, conditions and restrictions in interest to which they are subject.”;
National Land Code
National Land Code 257