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In forceUpdated to 15 Oct 2020
Contents

Chapter 1 · Creation of charges, and general provisions relating thereto

Section 241

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(1)

Subject to subsection (3)—

(a)

the whole, but not a part only, of any alienated land;

(b)

the whole, but not a part only, of any undivided share in alienated land; and

(c)

any lease of alienated land, may be charged under this Act with—

(aa)

the repayment of any debt, or the payment of any sum other than a debt; or

(bb)

the payment of any annuity or other periodic sum.

(2)

The powers conferred by subsection (1) shall include power to create second and subsequent charges.

(3)

The said powers shall be exercisable in any particular case subject to—

(a)

any prohibition or limitation imposed by this Act or any other written law for the time being in force;

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(b)

any restriction in interest to which the land in question is for the time being subject; and

(c)

in relation to leases, the provisions thereof, express or implied.

(4)

Without prejudice to paragraph (3)(a), no charge may be granted to two or more persons or bodies otherwise than as trustees or representatives.

(5)

Subject to subsection (3), a charge in respect of alienated land or any lease of alienated land may be created in favour of a financial institution notwithstanding that such institution having beneficial rights pursuant to any transaction contracted in compliance with Syariah.

(6)

For the purpose of subsection (5), the financial institution shall be those institutions licensed under any written law relating to financial institutions or development financial institutions.

Report

Chapter 2

Implied provisions

Chapter 3

Remedies of chargees: Sale

Chapter 4

Remedies of chargees: Possession

Chapter 5

Discharge

Chapter 6

Liens

Chapter 1

Creation

Chapter 2

Release, extinguishment and cancellation

Chapter 1

Presentation of instruments for registration

Chapter 2

Procedure generally

Chapter 3

Determination of fitness for registration

Chapter 4

Manner of registration

Chapter 5

Powers of Attorney

Chapter 6

Cancellation of registration

Chapter 7

Endorsement of exempt tenancies

Chapter 1

Caveats

Chapter 2

Prohibitory orders

Chapter 1

Co-proprietorship

Chapter 2

Trusts

Chapter 2

Deposited plans

Schedules