National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 3 · Final title and qualified title in continuation
187a. Power to replace register document of qualified title where the register is lost, etc.
Feedback & supportWhere the register document of title to any land held under qualified title is lost, or wholly or partially destroyed or any entry therein is wholly or partially illegible, sections 175a to 175f shall apply mutatis mutandis as they apply in the case where any register document of final title is lost or wholly or partially destroyed or any entry therein is wholly or partially illegible.
register document of title
“register document of title” means any document registered, or prepared for registration, under this Act and evidencing or, as the case may be, intended to evidence title to land, and any document evidencing title to land registered before the commencement of this Act under the provisions of any previous land law;
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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;
Provisions of the
National Land Code
Modification
Provisions of the
National Land Code
Modification
Section 187b
In its application to the Federal Territory of Labuan—
delete the words “or Land Administrator”
Land Administrator
“Land Administrator” means a Land Administrator appointed under section 12, and includes an Assistant Land Administrator appointed thereunder; and, in relation to any land, references to the Land Administrator, or any Assistant Land Administrator, having jurisdiction in the district or subdistrict in which the land is situated;
wherever they appear;
in subsection (3), delete the words “or, in the case of land held under Land Office Title, the Land Administrator,”.
Land Office title
“Land Office title” means title evidenced by a Mukim grant or Mukim lease, or by any document of title registered in a Land Office under the provisions of any previous land law;
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Power to issue title in continuation upon creation of a new district under section 160a 187aa. Where the register document of title to any land held under qualified title comes under the jurisdiction of the Land
district
“district” means any area duly constituted as a district under section 11 or, by virtue of section 442, deemed to be a district so constituted;
Administrator of a new district following a notification in the
Gazette under paragraph 11(a), sections 160b and 160c shall apply mutatis mutandis as they apply in the case where any register document of final title to any land comes within the boundaries of a new district.
Issue of a Duplicate Issue Document of
Qualified Title
qualified title
“qualified title” means title issued under Chapter 2 or 3 of Part Eleven, that is to say, in advance of survey;
Power to issue duplicate issue document of qualified title only where register document not in need of renewal 187b. (1) Where, in the case of any land held under qualified title—
the Registrar or Land Administrator by a notice or notices under section 15, has called upon the proprietor, and any chargee, lienholder or other person or body whom he may have reason to believe to be in possession thereof, to produce the issue document of title, and the notice or notices have not been complied with; or
an application has been made by any person or body in accordance with subsections (2) and (3), on the grounds that the issue document of qualified title has been lost, or wholly or partially destroyed, or is being improperly or wrongfully withheld, and the Registrar or Land Administrator is of the opinion that the register document of title to the land does not require replacement, he may subject to subsection (4) issue a duplicate issue document.
An application under paragraph (1)(b) may be made by the proprietor of the land in question, or by any person or body claiming through the proprietor.
proprietor
“proprietor” means any person or body for the time being registered as the proprietor of any alienated land;
Every such application shall be made in writing to the
Registrar or, in the case of land held under Land Office title, the
Registrar
“Registrar” means— (a) in relation to land held or to be held under Registry title, or under the form of qualified title corresponding to Registry title, or under subsidiary title dependent on a Registry title, a Registrar of Titles or Deputy Registrar of Titles appointed under section 12; (b) in relation to land held or to be held under Land Office title, or under the form of qualified title corresponding thereto, or under subsidiary title dependent on a Land Office title, the Land Administrator;
Land Administrator, and shall be supported by such evidence of the loss, destruction or withholding therein alleged as the Registrar or Land Administrator may require.
Before issuing a duplicate issue document under this section, the Registrar or Land Administrator shall—
cause notice of his intention to do so to be published in the Gazette in Form 11c; and
cause copies of the notice to be served on every person or body having a registered interest in the land, and to be published in accordance with section 433.
The fees chargeable in connection with the issue of duplicate issue document under this section shall be payable by the proprietor and if not sooner paid, shall be added to, and deemed for all the purposes of this Act to form part of the rent next due in respect of the land.
Form
“Form”, followed by a number and letter, means the form in the First Schedule identified by that number and letter;
Where a duplicate issue document has been issued by reason of the failure of any chargee or lienholder to produce the issue document of title to the land, or by reason of the improper or wrongful withholding of that document by any other person or body, the proprietor shall be entitled to recover any fees paid by him under this section from that chargee, lienholder or other person or body and, in the case of a chargee or lienholder, may do so by deducting the amount thereof from any payments subsequently falling due under the charge or lien.
Subsections 175(4) and (5) shall apply to any duplicate issue document issued under this section as they apply to any duplicate issue document issued under that section.
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Procedure after Issue of Title in Continuation