Section 173
Form and content of documents in cases of subdivision, partition and amalgamation
of National Land Code (Revised - 2020)
(1)
For the purpose of the issue of title in continuation under this Chapter on the subdivision, partition or amalgamation of any alienated land or lands—
(a)
the register document or documents of title to be prepared shall consist of one or more grants, State leases, Mukim grants or Mukim leases, according as the land or lands in question are held under Registry or Land Office title, and in perpetuity or for a term of years; and
(b)
the issue document or documents to be so prepared shall be in the form appropriate under this Act to the register document or documents in question:
Provided that, in the cases of amalgamation specified in paragraphs 147(2)(a) and (b), a grant or State lease shall be prepared notwithstanding that some or all of the lands in question were formerly held under Land Office title.
198
Act 828
National Land Code 289
Provisions of the
National Land Code
Modification
Section 173
In its application to the Federal Territory of Labuan—
(1)
in subsection (1)—
(a)
substitute for paragraph (a) the following paragraph:
“(a) the register document or documents of title to be prepared shall consist of one or more grants or Federal leases according as to how the land or lands in question are held under
Registry title whether in perpetuity or for a term of years; and”;
(b)
at the end of paragraph (b), substitute for the colon a full stop; and
(c)
delete the proviso;
(2)
in subsection (2), delete the words “or Land
Administrator, as the case may be” wherever they appear in the proviso.
(2)
Subsection 170(2) shall apply, mutatis mutandis, with respect to the contents of any documents of title so prepared:
Provided that in complying with paragraph (c) of the said subsection (2) the Registrar or Land Administrator, as the case may be—
(i)
shall make such modifications with respect to any entry on the subsisting register document or documents of title as may be necessitated by the circumstances;
(ii)
in cases of subdivision and partition, shall omit any entry relating to a matter which is incapable of affecting the portion in question; and
(iii)
in cases of amalgamation, shall give effect also to any direction given by the State Authority under subsection 147(3):
And provided further that the Registrar or Land Administrator, as the case may be, shall vary the express conditions or rent to suit the use of the portion as approved in the subdivisional plan.
Procedure after Issue of Title in Continuation