Section 183
Subdivision
of National Land Code (Revised - 2020)
(1)
The proprietor of any alienated land the subdivision of which has been approved under Chapter 1 of Part Nine may at any time thereafter apply in writing to the Land Administrator for the issue to him of qualified title to the subdivisional portions in continuation of the existing final title to the land.
(2)
Every such application shall be accompanied by the fee for the time being prescribed and, unless the proprietor alleges that it is for any reason incapable of production, the issue document of title to the land:
211
Act 828
National Land Code 315
Provisions of the
National Land Code
Modification
Section 183
In its application to the Federal Territory of Labuan—
(1)
in the proviso to subsection (2), substitute for the words “Land Office” the word “Registry”;
(2)
in subsection (4)—
(a)
delete paragraph (d); and
(b)
in the proviso, delete the words “or Land
Administrator, as the case may be,”.
Provided that, where the proprietor is unable to produce the issue document because it is in the hands of any person or body as chargee or lienholder, the application shall be accompanied instead by a copy of a request by the proprietor, served on that person or body under subsection 244(2) or 281(4), for the production of the document at the Land Office within fourteen days of the date thereof.
(3)
No such application shall be entertained unless and until the sums demanded under subsection 138(4) have been duly paid.
(4)
On receiving any such application, the Land Administrator
(subject to subsection (3)) shall—
(a)
determine as mentioned in subsection (5) the rent to be paid in respect of each subdivisional portion so long as it remains held under qualified title;
(b)
notify the proprietor of the rent so determined;
(ba) if the survey is to be done by a Survey Officer, cause a requisition for survey to be prepared and sent to the
Director of Survey and Mapping;
(c)
prepare plans of the subdivisional portions for the purpose of their being copied onto the documents of qualified title to be prepared in respect thereof;
(d)
if the land is held under Land Office title, issue, in accordance with sections 177 and 178, qualified title to the subdivisional portions in the form corresponding to Land Office title;
(e)
if the land is held under Registry title, send the plans prepared under paragraph (c) and (if delivered up) the issue document of title to the Registrar for the issue by him, in accordance with the said provisions, of qualified title to the subdivisional portions in the form corresponding to Registry title:
Act 828 212
National Land Code 317
Provisions of the
National Land Code
Modification
Provisions of the
National Land Code
Modification
Section 183a
In its application to the Federal Territory of Labuan—
(1)
in the shoulder note, delete the words “or Land
Administrator”;
(2)
delete the words “or the Land Administrator, as the case may be,”.
Act 828
National Land Code
National Land Code 319
Provided that, in any case where the issue document of title to the land has not been delivered up, the Registrar or
Land Administrator, as the case may be, shall not issue qualified title until he has either secured its production by a notice under section 15 or, if unable to do so, taken the steps specified in section 168.
(5)
The rent determined pursuant to paragraph (4)(a) in respect of any subdivisional portion—
(a)
shall be an amount computed on the basis of the area of the portion as estimated in the application for approval of the subdivision, but otherwise in the like manner as that specified in subsection 171(3);
(b)
shall become payable as from the beginning of the calendar year first commencing after the date on which a register document of qualified title is first registered in respect thereof.
Power of Registrar or Land Administrator relating to the issuance of final title upon subdivision 183a.
Notwithstanding that an application made under subsection 183(1) is for the issue of qualified title in continuation of existing final title, the Registrar or the Land Administrator, as the case may be, may, where it appears just and expedient, dispense with the issuance of qualified title and proceed to prepare, register and issue final title in respect of the subdivisional portion.